Agenda packet — Oxnard City Council, February 20, 2024 (part 3 of 3)

DOWNTOWN
123
733
732
731
730
729
728
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726
725
05 06
07 10
11 08
09 101
107a
107b
106b106c
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112A 112 111
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181 182
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197
629
627
626
Pacifica High School
US Navy Seabee
Museum
Sea Bridge Marina
Baseball fields
Marine Emporium Landing
Historic District
college park soccer fields
South Oxnard Aquatic Center
Colonia Branch Library
Naval Base
Historic Farm Park
Oxnard Airport
Chamber of Commerce
La Colonia Veterans Memorial Gymnasium
Tennis Center
Del Sol Stadium
River Ridge Playing Fields
Bedford Pinkford Skate Park
College Park
'olol'koy Beach Park
River Ridge Golf Club
Ormond Beach
Channel Islands Harbor
Oxnard Beach
Silver Strand Beach
Mandalay Beach
Hollywood Beach
Hueneme High School
Channel Islands High School
Oxnard High School
South Oxnard Post Office
Main Post Office
Oxnard Performing
Arts Center
Elite Theatre Company
Existing Sign Loction
Mullin Auto Museum
Channel Island Maritime Museum
Police Activities League
Wilson Senior Center
Colonia Recreation Center
Palm Vista Senior Center
South Oxnard Center
South Oxnard Branch Library
Oxnard College
387

REVISIONS

CLIENT / PROJECT

SHEET TITLE
DATE
PROJECT NO.

DRAWN BY:

SHEET NO.

These drawings are meant for DESIGN
INTENT ONLY and are not for construction.

Contractor shall verify and be responsible for all
dimensions and conditions of the job.

Contractor
shall be familiar with the site and conditions
it presents. This office must be notified of any
variations from the dimensions and conditions
shown on this drawing. Shop drawings and
details must be submitted to this office for
approval prior to proceeding with fabrication.

All copy shall be proofread by client and legal
requirements checked by legal department.

LH
01/10/24
SL.8

SPECIFICATIONS
Oxnard, CA
Wayfinding and Signage System
120 North Church Street
Suite 208
West Chester, PA 19380
T 484.266.0648
www.merjedesign.com

ENVIRONMENTS & EXPERIENCES
Refer to the Oxnard Wayfinding and Signage System design intent documentation for sign type drawings, material call-outs and installation methods.

Refer to the Oxnard Wayfinding and Signage System message schedule for all sign type messages, location numbers, quantities, and specific location details.

1. General sign locations are provided on these plan sheets.

2. The Message Schedule provides more detailed guidance of sign location in the Remarks column.
3 . Refer to the Message Schedule for the final messages of each sign.

4. Utilize the above Legend to help determine sign types, and other details of location.

NOTES:

SIGNAGE LEGEND
Parking
(not shown)500
Vehicular Directional 100
05 - 11 Secondary Gateways)
Pedestrian Directional 700
Pedestrian Kiosks600
Sign Location Plans
Union
Pacific
Union P
acific
Union Pacific
Union Pacific
Ventura County
Ventura County
Union
PacificVentur
a County
Ventura
Count
y
VenturaCounty
Ventura
County
VenturaCou
nty
Ven
tura
County
Union Pacific
Union Pacific
Union Pacific
VenturaCounty
Ventura C
ounty
Ventura C
ounty
VenturaCounty
3 3
3 3
3 S
F
St
S
F
St
S
F
St
S
F
St
S
F
St
S F
St
S
F
St
W 6th St
W 7th St
S F St
S Ha
rrison Ave
E 2nd St
S Hayes Ave
S Hayes Ave
E 2nd St
S
GrantAve
S
Hayes
Ave
E 2nd St
E 3rd St
S Hay
es
Ave
S Hayes Ave
E 2nd St
S G
arfield
Ave
E 3rd St
S
Garfield
Ave
S
Roosevelt
Ave
P1
P10
W 5th St
E 5th St
E 5th St
Building
Public Safety
-City Hall
Civic Center
And Supply
Water Treatment
Amtrak-Oxnard
2ND STREET
3RD STREET3RD STREET
5TH STREET
6TH STREET
7TH STREET 7TH STREET
6TH STREET
5TH STREET
2ND STREET

A STREET

C STREET

D STREET

A STREET MALL DR

META STMETA STMETA ST

FACTORY AVE

S OXNARD BLVD

S OXNARD BLVDS OXNARD BLVD

S OXNARD BLVD

S OXNARD BLVDS OXNARD BLVD

B STREET

C STREET

D STREET
4TH STREET 4TH STREET4TH STREET

ENTERPRISE STREET

MALL DR

E MALL DR

COMMERCIAL AVE
N 5TH STREET
A Street Lot
Oxnard Blvd
Lot 5
Seventh
St Lot
Sixth St Lot
Oxnard Blvd
Lot 4
Plaza Park
Oxnard Transit Center Lot 1
Oxnard Blvd Lot 3
Oxnard Blvd Lot 2
Oxnard Blvd Lot 1
Downtown
Parking
Structure
D St Lot
Civic Center Lot 2
Civic Center Lot 1
Library Lot 2
Library Lot
Oxnard Transit Center Lot 2
Plaza Park
Lot 2
Public Parking
Fourth St Lot
City Hall Lot
Downtown
Library
Carnegie Art Museum
Heritage Square
Oxnard Transit Center
Plaza Park
Downtown Post Office
City Hall
603
601
137
140
139
134
133
131
130
129
128
127a
127
126
125
136
132
135138
607
606 605
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602
600
709
713
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707708
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715
714
511
520a
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513512
510
509 508
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501
519
518a
388

REVISIONS

CLIENT / PROJECT

SHEET TITLE
DATE
PROJECT NO.

DRAWN BY:

SHEET NO.

These drawings are meant for DESIGN
INTENT ONLY and are not for construction.

Contractor shall verify and be responsible for all
dimensions and conditions of the job.

All copy shall be proofread by client and legal
requirements checked by legal department.

LH
01/10/24
SL.9

SPECIFICATIONS
Oxnard, CA
Wayfinding and Signage System
120 North Church Street
Suite 208
West Chester, PA 19380
T 484.266.0648
www.merjedesign.com

ENVIRONMENTS & EXPERIENCES
Refer to the Oxnard Wayfinding and Signage System design intent documentation for sign type drawings, material call-outs and installation methods.

Refer to the Oxnard Wayfinding and Signage System message schedule for all sign type messages, location numbers, quantities, and specific location details.

1. General sign locations are provided on these plan sheets.

2. The Message Schedule provides more detailed guidance of sign location in the Remarks column.
3 . Refer to the Message Schedule for the final messages of each sign.

4. Utilize the above Legend to help determine sign types, and other details of location.

NOTES:

SIGNAGE LEGEND
Parking
(not shown)500
Vehicular Directional 100
05 - 11 Secondary Gateways)
Pedestrian Directional 700
Pedestrian Kiosks600
Sign Location Plans
Union
Pacific
Union
Pacific
Union
Pacific
UnionPacific
VenturaCounty
VenturaCounty
UnionPacificVenturaCounty
Ventu
ra
Count
y
VenturaCounty
Ventura
Count
y
VenturaCounty
Ven
tura
County
Union Pacific
Union Pacific
Union Pacific
VenturaCounty
Ventura
County
Ventura C
ounty
VenturaCounty
3 3
3 3
3 S
F
St
S
F
St
S
F
St
S
F
St
S
F
St
S
F
St
S
F
St
W 6th St
W 7th St
S F St
S Ha
rrison
Ave
E 2nd St
S
HayesAve
S
Hayes Ave
E 2nd St
S
GrantAve
S
Hayes
Ave
E 2nd St
E 3rd St
S
Hayes
Ave
S Hayes Ave
E 2nd St
S
Garfield
Ave
E 3rd St
S
Garfield
Ave
S
RooseveltAv
e
P1
P10
W 5th St
E 5th St
E 5th St
Building
Public Safety
-City Hall
Civic Center
And Supply
Water Treatment
Amtrak-Oxnard
2ND STREET
3RD STREET3RD STREET
5TH STREET
6TH STREET
7TH STREET 7TH STREET
6TH STREET
5TH STREET
2ND STREET

A STREET

C STREET

D STREET

A STREET MALL DR

META STMETA STMETA ST

FACTORY AVE

S OXNARD BLVD

S OXNARD BLVDS OXNARD BLVD

S OXNARD BLVD

S OXNARD BLVDS OXNARD BLVD

B STREET

C STREET

D STREET
4TH STREET 4TH STREET4TH STREET

ENTERPRISE STREET

MALL DR

E MALL DR

OXNARD WAYFINDING PROGRAM
Design Process
• 3 Design Options Reviewed by Steering Committee & Stakeholders • Selected Design is being presented
• Coordinated with Gateway Program
Sign Planning
• Reviewed by Steering Committee & Stakeholders
• Secondary Gateways, Vehicular Signs, Pedestrian Signs, Kiosk & Parking Next Steps
• CalTrans Review
• Field Survey of Locations
• Documentation & Engineering
• Bidding & Implementation
390

THANK YOU
391

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. I.2

DATE: February 20, 2024

TO: City Council

FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected]

SUBJECT: Oxnard Convention & Visitors Bureau Agreement (July 1, 2024 - June 30, 2030). (15 minutes)

RECOMMENDATION

That the City Council approve Agreement No. 32400300, a 5-year agreement totaling $1,691,000, between the City of Oxnard and the Oxnard Convention and Visitors Bureau.

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on January 23, 2024.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/UQNW87kcu6Q

BACKGROUND

The City is in the final year of a five year agreement with the Oxnard Convention and Visitors Bureau (“OCVB”), a nonprofit corporation for the purpose of generating economic benefits to the City of Oxnard (“City”) by promoting the area and attracting more visitors, that was initially formed in May 1974. The vision of the OCVB is to lead Oxnard’s travel and tourism industry in promoting and marketing Oxnard as a premier leisure and business travel destination, seeking to bring significant economic and social benefits to our community. As such, OCVB’s mission statement is to establish the Oxnard area as a recognized destination for tourism and business travel.

Up until 2019, the City agreements with OCVB were considered by the Council annually, which did not provide the ability for OCVB to develop long term strategies. In addition, starting with the Fiscal Year (FY) 18-19 agreement, the City funding was reduced due to City budget shortfalls. Therefore, in 2019, OCVB and the Oxnard lodging business owners decided to pursue formation of the Oxnard Tourism Marketing District (“OTMD”), a benefit assessment district that provides a long term, secure revenue source to fund marketing and sales efforts to promote Oxnard as a tourist, meeting and event destination.

On March 5, 2019 a five year OTMD, with a 1.5% assessment rate, was approved and became effective April 1, 2019. This assessment was projected to result in approximately $730,000 annually. However, the COVID-19 Pandemic impacted the projected revenue. Since 2019 the annual revenue has ranged between $481,239 - $743,720.

Given all the demands on City funds, OCVB has found the formation of the OTMD as an essential and viable option to achieve the goals of the organization. The OTMD was renewed in September 2023, with 100% support from the Oxnard hotels that are assessed. Effective April 1, 2024 the OTMD district will be renewed with a 2% assessment with a 9 year, 3 month term. The OTMD is expected to generate approximately $1,000,000 annually.

DISCUSSION

The scope of work of the current and proposed agreements with OCVB (Exhibit A of Attachment 2) can be summarized as:
392
a. Serving as the City’s official tourism agency.
b. Developing a comprehensive marketing program.
c. Participating in activities related to the branding of the City.

Specific performance measures, which OCVB reports on annually to the City Council, are included in Exhibit A of Attachment 2. On October 3, 2023 OCVB delivered their Annual Report to the City Council, highlighting key performance indicators for 2022 (Attachment 1). One of the OCVB’s key performance indicators, and the foremost method for tracking success, is through hotel statistics. Due to the COVID-19 pandemic, the City hotel statistics (Average Daily Rate and Occupancy) were down for the first time in 8 years. With travel starting to return, Oxnard experienced rates and occupancies that exceed 2019 (pre-pandemic) numbers in most of 2022. Year-end 2022 calendar year hotel statistics, are as follows:
• 2022 Average Daily Rate is at $169.50, which is up 3.7% from the previous year (and up 18.4% from 2020) • 2022 Average Occupancy is at 69%, up 2.7%% from the previous year (and up 15.9% from 2020)

Staff proposes a 5 year agreement, which allows OCVB to develop longer term strategies and projects. During the five year term, four new hotels are expected to come on-line, which will increase the available hotel rooms. The increase in rooms is expected to increase both the OTMD revenues as well as the City’s Transit Occupancy Tax (TOT). OTMD funds are restricted to marketing and sales promotion efforts for Oxnard lodging businesses which pay into the assessment, whereas the City funding does not have such restrictions. The vision of the OCVB is much more than promoting specific lodging business, therefore City funding is still needed to promote and market Oxnard as a premier leisure and business travel destination, inclusive of restaurants, recreation, cultural and special events and the like. The City investment supplements the OTMD funding for OCVB to implement their marketing plans to bring significant economic and social benefits to our community.

STRATEGIC PRIORITIES

This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT

For historical context, the FY 17-18 agreement provided $712,360 in City Funding; the FY 18-19 agreement provided $641,124 in City Funding; and the FY 19-20 agreement reduced the funding to $340,624 -- a 47% decrease in City funding. However, in the same year, the newly formed OTMD brought in $719,442 in funding, increasing the total OCVB budget to $1,060,066. Over the term of the five year current agreement, the City funding continued to decrease, with the current FY City funding at $270,000 and the OTMD bringing in $743,420, for a total budget of $1,013,420.

The proposed agreement recommends increasing compensation for Year 1 by 17.9% to account for the significant impact of inflation during the existing agreement term (FYs 19-20 -- FY 23-24). In Years 2-5 of the proposed agreement, staff recommends an approximate 3% increase in funding to adjust for inflation each year. If approved, the FY amounts will be incorporated into the City’s annual budget.

Fiscal Year Payment Amount
FY 2024-2025 $318,500
FY 2025-2026 $328,500
FY 2026-2027 $338,000
FY 2027-2028 $348,000
FY 2029-2030 $358,500
393

For Finance Use Only: General Fund (Org. 1014104 Obj. 53200)

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on January 23, 2024.

Prepared by: Ashley Golden, Assistant City Manager

ATTACHMENTS

1. OCVB 22-23 Annual Report

2. OCVB Agreement

3. Presentation

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403
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Oxnard Convention & Visitors Bureau
Five-Year Agreement
July 1, 2024 - June 30, 2030
Community Services, Public Safety, Housing & Development Committee: January 23, 2024
City Council: February 20, 2024
By: Ashley Golden, Assistant City Manager
443
Background
2 Oxnard Convention & Visitors Bureau (“OCVB”)
• Formed in 1974
• Leads Oxnard’s travel and tourism industry by
promoting and marketing Oxnard as a premier travel
destination
• Current five year agreement expires on June 30,
2024.
• City significantly reduced funding in the current
contract
○ 47% reduction in year one of the contract
444
Oxnard T ourism Marketing District
Oxnard T ourism Marketing District (“OTMD”) Formation
• Created a revenue source to help fund marketing and sales promotion efforts for Oxnard lodging businesses
• Current term @1.5% assessment through April 1, 2024
• projected $730,000 in revenue (impacted by COVID-19)
• Renewed term, @2% assessment through June 30, 2033
• Projecting approximately $1M in annual revenue
• Only the lodging businesses who pay the assessment may benefit from the marketing efforts
• It is vital the City provide direct funding to OCVB to ensure Oxnard as a whole is promoted as a premier travel
destination
3 445
Five-Year Agreement (July 1 - 2024 - June 30, 2030)
The scope of work for the current and proposed
agreements with OCVB can be summarized as:

1. Serving as the City’s official tourism agency.

2. Developing a comprehensive marketing program.

3. Participating in activities related to the branding of the City.
4 446
Five-Year Agreement (July 1 - 2024 - June 30, 2030)
Specific performance measures, which OCVB reports on
annually to the City Council, are included in the
Agreement. For example,
• 2022 year-end Average Daily Rate: $169.50;
■ increase of 3.7% over last year
• 2022 year-end Average Occupancy Rate: 69%;
■ increase of 2.7% over last year
These rates equate to an increase in Transient
Occupancy Tax (“TOT”), a general fund revenue
source, which in 2022 was $5.1M.
5 447
Five-Year Agreement (July 1 - 2024 - June 30, 2030)
Proposed OCVB Agreement
• Five year term
• Payments not exceed amount:
6 Fiscal Year Payment Amount
FY 2024-2025 $ 318,500
FY 2025-2026 $ 328,000
FY 2026-2027 $ 338,000
FY 2027-2028 $ 348,000
FY 2029-2030 $ 358,500
448
Staff’s Recommendation
For Council Committee (January 23, 2024)
• That the Community Services, Public Safety, Housing & Development Committee recommended that the City
Council approve Agreement No. 32400300, a 5-year
agreement totaling $1,691,000, between the City of
Oxnard and the Oxnard Convention and Visitors Bureau.

For Council (February 20, 2024)
• That the City Council approve Agreement No. 32400300, a 5-year agreement totaling $1,691,000, between the City of Oxnard and the Oxnard Convention and Visitors Bureau.
7 449

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. I.3

DATE: February 20, 2024

TO: City Council

FROM: Robert Ruben, Chief Information Officer, (805)385-7554, [email protected]

SUBJECT: Oxnard 311 Performance Report. (20 minutes)

RECOMMENDATION

That the City Council receive an update on the year 7 (and first half of year 8) performance of the Oxnard 311 Constituent Relationship Management System.

(The Community Services, Public Safety, and Housing & Development Committee approved 3-0 on January 23, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/z0LCgQg9eAk

BACKGROUND

Oxnard 311 is the City’s Constituent Relationship Management (CRM) software, which allows residents within the City to report a variety of issues using the mobile phone application or website. During the first 7.5 years of availability, the Oxnard 311 mobile app has been downloaded 18,315 times and has been used to process approximately 150,593 service requests. The Oxnard 311 system allows residents to see live updates, track the status of their requests, and communicate directly to staff through in-app messaging. The Oxnard 311 system empowers resident guardianship and involvement in the community while increasing transparency and accountability of City staff.

DISCUSSION

The Oxnard 311 system completed its seventh full year of service at the end of April 2023. The following discussion focuses on performance trends and metrics from each full service year (May through April) and the first half of service year 8 (May 2023 through October 2023).

1. Application Downloads

The Oxnard 311 system has grown each year in the number of Oxnard residents that are submitting service requests through the mobile application and website. The majority of requests are submitted through the free mobile application.

As such, application downloads are a reliable metric for system growth.

(continued)

450
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First
Half)
Total
Download
s
2,139 1,995
(6.7%
decrease
compared
to year
one)
2,151
(7.8%
increase
compared
to year
two)
2,186
(1.6%
increase
compared
to year
three)
2,154
(1.5%
decrease
compared
to year
four)
3,007
(40%
increase
compared
to year
five)
3,156
(5%
increase
compared
to year
six)
1,527
(52%
increase
compared
to year
seven if
first half
trends
continue)
18,315

The year 4 report contained an error on the number of downloads for both year 4 and the first half of year 5. Staff had discovered an error with the service the City uses for tracking download statistics. In December of 2019, the service no longer reported the number of Apple iOS downloads. Staff have since corrected this issue and the app download statistics have been updated in this report.

2. Requests Submitted

In the first seven and a half service years, the Oxnard 311 system has also increased in the number of service requests submitted. This steady increase per service year in the number of requests submitted reflects a growing user base.

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First
Half)
Total
Requests
Submitted

7,900 15,435
(95%
increase
compared
to year
one)
17,704
(14%
increase
compared
to year
two)
18,784
(6%
increase
compared
to year
three)
22,747
(21%
increase
compared
to year
four)
26,750
(18%
increase
compared
to year
five)
26,135
(2.3%
decrease
compared
to year
six)
15,138
(42%
increase
compared
to year
seven if
first half
trends
continue)
150,593

3. Performance Evaluation

There are 20 request types available to the public through the Oxnard 311 system. Staff from various departments in the City are involved in the Oxnard 311 system, which allows requests to be assigned to the correct person who has the appropriate skills/knowledge and is responsible for the required work to complete the request.

The following section covers performance statistics for each of the request types. Each request type is presented in descending order by the total number of requests. Beyond number of requests, staff identified for each request type the percentage of requests completed on time, service level goal per year, and average completion time per year.

The Oxnard 311 system had slight database issues during the first three years that added a small margin of error to the performance statistics. City staff have resolved this issue, and the performance stats from service years 4 and onward are accurate.

In all cases, “days” refers to City working days and does not include weekends. The performance information is also summarized in the table at the end of this section of the report.

451
A. Illegal Dumping

Total number of requests in the first 7.5 years: 49,369 (33.0% of all requests)

Percentage of requests completed on time in the first 7.5 years: 78.3%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 3 days 3 days 3 days 3 days 3 days 3 days 3 days 3 days Number of
Requests
2,371 5,470 6,433 6,556 8,616 10,059 6,376 3,488
Average 4.4 days
(delayed
by 467%
over
service
goal)

8.6 days
(delayed
by 186.7%
over
service
goal)

2.7 days
(exceeded
service
goal by
10%)

5.5 days
(delayed
by 84.8%
over
service
goal)

3.5 days
(delayed
by 17.4%
over
service
goal)

1.2 days
(exceeded
service
goal by
60%)

2.1 days
(exceeded
service
goal by
30%)

2.1 days
(exceeded
service
goal by
30%

Public Works staff is committed to the cleanup of illegal dumping all over the City. The three-day service level goal has been met since Year 6.

B. Graffiti

Total number of requests in the first 7.5 years: 36,770 (24.6% of all requests)

Percentage of requests completed on time in the first 7.5 years: 93.6%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 3 days 3 days 3 days 3 days 3 days 3 days 3 days 3 days Number of
Requests
1,840 2,971 3,994 4,832 5,555 6,340 6,740 4,498
Average 1,7 days
(exceeded
service
goal by

43.3%)

1.1 days
(exceeded
service
goal by

63.3%)

1.8 days
(exceeded
service
goal by
40%)

2.0 days
(exceeded
service
goal by

32.4%)

2.3 days
(exceeded
service
goal by

23.4%)

2.4 days
(exceeded
service
goal by
20%)

2.6 days
(exceeded
service
goal by

13.3%)

1.9 days
(exceeded
service
goal by

36.6%)

Public Works staff is dedicated to removing graffiti on public property, and Code Enforcement staff is committed to working with owners of private property with graffiti. They have collectively met their service level goal throughout the duration of the 311 app.

C. Abandoned Vehicles

Total number of requests in the first 7.5 years: 17,013 (11.4% of all requests)

Percentage of requests completed on time in the first 7.5 years: 88.5%

452
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 14 days 14 days 14 days 14 days 14 days 14 days 14 days 14 days Number of
Requests
700 1,671 1,774 2,073 2,564 2,832 3,405 1,994
Average 12.2 days
(exceeded
service
goal by

12.9%)
9 days
(exceeded
service
goal by

35.7%)

9.3 days
(exceeded
service
goals by

33.6%)

9.9 days
(exceeded
service
goals by

29.4%)

9.2 days
(exceeded
service
goal by

34.5%)

9.1 days
(exceeded
service
goal by
35%)

8.1 days
(exceeded
service
goal by

42.1 %)

7.8 days
(exceeded
service
goal by

44.3 %)

Staff from Traffic Enforcement and Code Enforcement are assigned abandoned vehicle requests on public and private property, respectively. Staff from Traffic Enforcement has met their service level goal; the average abandoned vehicles on public property response time for service year 7 was 7.6 days and for the first half of service year 8 was 7.5 days.

However, on the Code Enforcement side, the average abandoned vehicles on private property response time for service year 7 was 16.7 days and for the first half of service year 8 was 17.6 days. The delay is due to staffing. The City had 3 vacant inspector positions open at the start of 2022, and during the year, also lost the manager and an administrative position who monitored and assigned many of the 311 calls. This was on top of the dedication of one inspector and the remaining administrative position to the Measure O Safe Homes Safe Families program. So effectively, the City only had 5 inspectors to carry the work load typically covered by 9 FTEs. The delays are consistent with 44% of staff positions remaining unfilled or re-assigned. The City has hired two new inspectors just recently. Once we get back up to full staffing, the response times should improve.

D. Overgrown Landscape

Total number of requests in the first 7.5 years: 6,357 (4.2% of all requests)

Percentage of requests completed on time in the first 7.5 years: 72.1%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 60 days 60 days 60 days 60 days 60 days 60 days 60 days 60 days Number of
Requests
313 891 902 898 936 873 840 704
Average 73.7 days
(delayed
by 22.8%
over
service
goal)

92.5 days
(delayed
by 54.2%
over
service
goal)

75.1 days
(delayed
by 25.2%
over
service
goal)

36.7 days
(exceeded
service
goal by

38.8%)

47.0 days
(exceeded
service
goal by

21.6%)

43.2 days
(exceeded
service
goal by
28%)

31.5 days
(exceeding
service
goal by

47.5%)

24.8 days
(exceeded
service
goal by
59%)

Public Works is utilizing on-call contractor services to continue addressing overgrown landscape requests that were previously addressed by the County Work Release Program. Since the County program ($550 per day) is no longer available, the use of on-call contractor services have improved response times, but at significantly higher costs of up to $8,000 per day. The Parks Division has also developed a 311 crew with dedicated staff assigned to respond to non- irrigation related 311 requests. They have exceeded their service goal since Year 4 and with the additional support of contract services, we anticipate the number of overgrown landscape requests to continue to decrease over time.

453
E. General Questions

Total number of requests in the first 7.5 years: 5,426 (3.6% of all requests)

Percentage of requests completed on time in the first 7.5 years: 60.3%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days Number of
Requests
413 668 709 742 881 818 814 381
Average 41.5 days
(delayed
by 176.7%
over
service
goal)

45.9 days
(delayed
by 206%
over
service
goal)

42.2 days
(delayed
by 181.3%
over
service
goal)

30.7 days
(delayed
by 104.7%
over
service
goal)

15.2 days
(delayed
by 1.6%
over
service
goal)
20 days
(delayed
by 33.3%
over
service
goal)

21.6 days
(delayed
by 44%
over
service
goal)

12.6 days
(exceeded
service
goal by
16%)

This category is a catch-all so residents can submit requests that otherwise do not fit into one of the existing categories.

Sample submissions include trash or furniture in the alleyways, code compliance concerns regarding blocked street parking, loud noise, overgrown trees, broken gates and fences, maintenance in general and special district parks, broken playground equipment in parks, multiple families living in one house, and unauthorized street vendors. There are some instances where a submission is made to General Questions rather than to the correct other category. Staff responsible for the General Questions category often receive a request and reassign it to the appropriate staff in another department, which may delay the process. However, in the first half of year 8, staff responsible for this category have been following up more often with the staff handling the reassignment, which has yielded success. We expect the average results of year 8 to continue to be below the 15-day goal as staff fielding these questions will be following up more frequently with those who have overdue requests.

F. Potholes

Total number of requests in the first 7.5 years: 5,112 (3.4% of all requests)

Percentage of requests completed on time in the first 7.5 years: 49.0%

Year 1 Year 2
(First
Half)
Year 2
(Second
Half)
Year 3 Year 4 Year 5 Year 6 Year 7 Year 8
(First
Half)
Goal 150 days 15 days 30 days 30 days 35 days 35 days 35 days 35 days 35 days Number
of
Requests
592
646
717 759 493 687 817 397
Average 73.3 days
(exceeded
service
goal by

51.2%)
110.6
days
(delayed
by 637%
over
service
goal)
118.6
days
(delayed
by 295%
over
service
goal)

81.7 days
(delayed
by
172.2%
over
service
goal)
100.1
days
(delayed
by
186.1%
over
service
goal)
135.9
days
(delayed
by 288.2
over
service
goal)

49.3 days
(delayed
by 40.9%
over
service
goal)
28 days
(exceeded
service
goal by
20%)

16.4 days
(exceeded
service
goal by

53.1%)
454

In September 2021, Public Works’ Streets Division hired seven maintenance workers and purchased two asphalt patch trucks for pothole repairs with Measure E funding. Since September, Public Works has assigned staff to specifically address potholes on a daily basis. The two pothole patch trucks were received in June 2023 and were put into action in July 2023. These trucks will continue to assist in our responses to 311 requests.

G. Water Waste and Leaks

Total number of requests in the first 7.5 years: 3,879 (2.6% of all requests)

Percentage of requests completed on time in the first 7.5 years: 60.9%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 4 days 4 days 4 days 4 days 4 days 4 days 4 days 4 days Number of
Requests
133 310 321 326 454 546 1,535 254
Average 25.7 days
(delayed
by 542.5%
over
service
goal)

42.9 days
(delayed
by 972.5%
over
service
goal)

47.1 days
(delayed
by 1,077.5
% over
service
goal)

12.5 days
(delayed
by 211.3%
over
service
goal)

8.9 days
(delayed
by 123.1%
over
service
goal)

17.6 days
(delayed
by 340%
over
service
goal)

4.9 days
(delayed
by 22.5%
over
service
goal)

7.4 days
(delayed
by 85%
over
service
goal)

During the third year performance report, City staff identified workflow issues within the system that were preventing requests from being assigned to the correct person. Staff responded by developing complex assignment logic within the 311 system to automatically assign requests to appropriate personnel based on the location of the issue and the type of equipment causing the water waste or leak. Response times were reduced dramatically from 47.1 days in the third year to

17.6 days in the sixth year. Staff has continued to make progress, yet we still exceed the 4-day response goal.

In Year 7, the Water Division assisted with coordinating irrigation audits at 22 parks between April and June of 2022.

Once completed, staff used the findings of the irrigation audits to prioritize the irrigation repairs based on the estimated water waste per park. Staff utilized contractor services to complete all of the irrigation repairs within the 22 parks that were audited. Additionally, 1,535 requests were completed within an average of 4.9 days. The number of requests was a result of the drought restrictions and the community outreach that requested residents to report any irrigation leaks through 311.

After the first half of Year 8, we are projecting over 500 requests in the service year. Currently, the response is averaging

7.4 days. The number of days is trending higher from the previous year as a result of vacant positions in the Parks Division, including the Parks Manager. The appropriate remaining staff members are now focused on ensuring that completed 311 requests are being closed out in a timely manner after the work has been completed.

H. Trash and Recycling Service

Total number of requests in the first 7.5 years: 3,810 (2.5% of all requests)

Percentage of requests completed on time in the first 7.5 years: 71.3%

(continued)

455
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 2 days 2 days 2 days 3 days 3 days 3 days 3 days 3 days Number of
Requests
126 320 313 313 513 649 1,023 510
Average 4.3 days
(delayed
by 115%
over
service
goal)

4.5 days
(delayed
by 125%
over
service
goal)

7.5 days
(delayed
by 275%
over
service
goal)

2.4 days
(exceeded
service
goal by

18.8%)

1.7 days
(exceeded
service
goal by

44.5%)

4.0 days
(delayed
by 33.3%
over
service
goal)

3.0 days
(met
service
goal)

3.2 days
(delayed
by 6.6%
over
service
goal)

There was a significant increase in this type of requests from year 1 to year 6. These requests are exclusively related to Environmental Resources collection operations for missed pickups or repairs on residential trash carts and commercial bins. Staff exceeded their performance goal in service year 5, faced delays in year 6, and met the performance goals for year 7. In the first half of year 8 the total number of requests continues to trend very high compared to the totals for years 1 through 6. The average response time in the first half of year 8 is slightly over the goal and is attributed to staff spending more time to identify root causes (container not out or blocked, defective cart lid batch, driver error, etc.) for the missed service or repairs to residential carts and commercial bins; in an effort to reduce the number of misses and damages reported.

I. Litter

Total number of requests in the first 7.5 years: 3,614 (2.4% of all requests)

Percentage of requests completed on time in the first 7.5 years: 64.0%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 3 days 3 days 3 days 10 days 10 days 10 days 10 days 10 days Number of
Requests
373 451 347 385 498 531 634 395
Average 14.6 days
(delayed
by 386.7
over
service
goal)

24.7 days
(delayed
by 723.3%
over
service
goal0

20.3 days
(delayed
by 576.7%
over
service
goal)

12.2 days
(delayed
by 21.7%
over
service
goal)

17.1 days
(delayed
by 71%
over
service
goal)

9.2 days
(exceeded
service
goal by 8%

9.2 days
(exceeded
service
goal by
8%)

7.5 days
(exceeded
service
goal by
25%)

Staff from Parks/ER and Code Enforcement are assigned litter requests on public and private property, respectively. Staff from Parks/ER has met their service level goal; the average litter on public property response time for service year 7 was

7.3 days and for the first half of service year 8 was 5.3 days.

However, on the Code Enforcement side, the average litter on private property response time for service year 7 was 20.2 days and for the first half of service year 8 was 20 days. Just as in abandoned vehicles on private property, the delay is due to staffing. The City had 3 vacant inspector positions open at the start of 2022, and during the year, also lost the manager and an administrative position who monitored and assigned many of the 311 calls. This was on top of the dedication of one inspector and the remaining administrative position to the Measure O Safe Homes Safe Families program. So effectively, the City only had 5 inspectors to carry the work load typically covered by 9 FTEs. The delays are consistent with 44% of staff positions remaining unfilled or re-assigned. The City has hired two new inspectors just recently. Once we get back up to full staffing, the response times should improve. 456

J. Homeless Encampment

Total number of requests in the first 7.5 years: 3,440 (2.3% of all requests)

Percentage of requests completed on time in the first 7.5 years: 99.0%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal NA NA NA 21 days 21 days 21 days 21 days 21 days Number of
Requests
NA NA NA 7 561 827 1,249 796
Average NA NA NA 7.6 days
(exceeded
service
goal by

63.9%)

6.6 days
(exceeded
service
goal by

68.4%)

4.6 days
(exceeded
service
goal by

78.1%)

3.4 days
(exceeded
service
goal by

83.8%)

3.5 days
(exceeded
service
goal by

83.3%)

The Homeless Encampment request type was created and made available to the public April 23, 2020, which was close to the end of service year four. This request type is marked as “sensitive” and limits access to the request to the person who submitted the request and the staff who are assigned to it. Staff from the Police Department, Environmental Resources, Code Compliance, and Housing are all involved in the workflow and work as a team to coordinate safe outreach and cleanup efforts. Staff have consistently exceeded their performance goal.

K. Animal Safety

Total number of requests in the first 7.5 years: 3,246 (2.2% of all requests)

Percentage of requests completed on time in the first 7.5 years: 83.8%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 2 days 2 days 2 days 7 days 7 days 7 days 7 days 7 days Number of
Requests
103 217 308 213 216 785 794 610
Average 7.3 days
(delayed
by 265%
over
service
goal)

8.3 days
(delayed
by 315%
over
service
goal)

5.8 days
(delayed
by 190%
over
service
goal)

6.8 days
(exceeded
service
goal by

3.4%)

2.8 days
(exceeded
service
goal by

60.5%)

2.2 days
(exceeded
service
goal by

68.6%)

2.4 days
(exceeded
service
goal by

65.7 %)

1.8 days
(exceeded
service
goal by

74.2%)

Staff requested, and was granted, an extension of their service goal from 2 days to 7 days to more appropriately reflect the workflow related to animal safety requests. Staff have exceeded their performance goal since that extension was granted in year 4.

L. Sidewalk Repair

Total number of requests in the first 7.5 years: 2,775 (1.9% of all requests)

457
Percentage of requests completed on time in the first 7.5 years: 55.1%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 60 days 60 days 60 days 60 days 60 days 60 days 60 days 60 days Number of
Requests
241 687 410 427 252 259 324 175
Average 116 days
(delayed
by 93.3%
over
service
goal)
121.9 days
(delayed
by 103.2%
over
service
goal)

58.7 days
(exceeded
service
goal by

2.2%)

65.3 days
(delayed
by 8.8%
over
service
goal)

43.1 days
(exceeded
service
goal by

28.17%)
34 days
(exceeded
service
goal by

43.3%)

41.5 days
(exceeded
service
goal by

30.8%)

33.6 days
(exceeded
service
goal by
44%)

Public Works Streets Division staff has steadily improved its response to this type of request since the first two service years and has exceeded the service level goal since Year 5. The limited number of Streets Maintenance Staff has to prioritize among many things (pothole repair, sidewalk repair, weed abatement, sign replacements, pavement markings, etc) and do so as best as possible to address 311 requests. Despite having several vacancies in this Division, staff has been able to exceed the goal set for this category.

M. Traffic - General Issues

Total number of requests in the first 7.5 years: 2,116 (1.4% of all requests)

Percentage of requests completed on time in the first 7.5 years: 77.9%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 15 days 15 days 15 days 18 days 18 days 18 days 18 days 18 days Number of
Requests
11 53 174 185 285 456 594 358
Average 384.7 days
(delayed
by
2464.7%
over
service
goal)

40.5 days
(delayed
by 170.0%
over
service
goal)

18.2 days
(delayed
by 21.3%
over
service
goal)

19.1 days
(delayed
by 6% over
service
goal)

27.1 (delayed by

50.7% over
service
goal)

26.7 days
(delayed
by 48.3%
over
service
goal)
11 days
(exceeded
service
goal by

38.8%)

9.5 days
(exceeded
service
goal by

47.2%)

A modified approach to 311 requests was implemented in year 6 with 311 requests that require substantial field investigation or follow up study being moved into the traffic request process to monitor requests. This should assist in closing out standard 311 requests to meet the objectives and still track and process major complex requests as they are submitted. Adjustments to the process have resulted in seeing a measurable improvement in this area in year 7 and the first half of year 8. The amount of requests have increased, potentially due to traffic staff attending Neighborhood Council Meetings starting in year 7 to provide information about the new Speed Hump Program. Many requests are brought up at the meetings, and staff encourage the public to utilize the 311 system.

N. Streetlight Out

Total number of requests in the first 7.5 years: 1,926 (1.3% of all requests)

458
Percentage of requests completed on time in the first 7.5 years: 71.4%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days Number of
Requests
128 234 213 255 317 355 286 138
Average 123.6 days
(delayed
by 724%
over
service
goal)

55.9 days
(delayed
by 272.7%
over
service
goal)

28.5 days
(delayed
by 90%
over
service
goal)

19.1 days
(delayed
by 27.6%
over
service
goal)

7.0 days
(exceeded
service
goal by

53.2%)

16.8 days
(delayed
by 12%
over
service
goal)

32.9 days
(delayed
by 119.3%
over
service
goal)

20.7 days
(delayed
by 38%
over
service
goal)

City staff continues to assist with Southern California Edison (SCE) street light outages City-wide. Approximately 96% of the street lights within the City limits are owned and maintained by SCE. Once an outage is received, it is reported to SCE and the 311 request is closed. City street-owned lighting outages are reported to the appropriate division for repairs.

Depending on the complexity of the repair and parts needed, a delay may occur due to contractor scheduling or material availability. The goal was not obtained in year 6 due to other planned and unplanned work for staff, including safety related transportation improvements and traffic signal repairs with higher priority than illumination outages. This trend continued in year 7, which was also exacerbated by supply chain and materials delays. Staff will examine the possibility of a new CIP project to evaluate streetlight infrastructure citywide and develop a program to replace older light poles and a routine maintenance program, should General Funds be made available through the budget process.

O. Street Signs

Total number of requests in the first 7.5 years: 1,592 (1.1% of all requests)

Percentage of requests completed on time in the first 7.5 years: 77.6%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 60 days 60 days 60 days 60 days 60 days 60 days 60 days 60 days Number of
Requests
86 221 185 200 247 250 276 127
Average 70.5 days
(delayed
by 17.5%
over
service
goal)

60.9 days
(delayed
by 1.5%
over
service
goal)

32.3 days
(exceeded
by 46.2%
over
service
goal)

46.6 days
(exceeded
by 22.3%
over
service
goal)

24.8 days
(exceeded
by 58.7%
over
service
goal)

35.7 days
(exceeded
by 40.5%
over
service
goal)

15.7 days
(exceeded
by 73.8%
over
service
goal)

12.3 days
(exceeded
service
goal by

79.5%)

The City has contracted with a sign vendor that supplies and makes signs, which has improved the response time for the repair and replacement of signs. Staff have been exceeding their performance goals consistently since Year 3.

P. Special Districts (formerly called Assessment Districts)

Total number of requests in the first 7.5 years: 1,381 (0.9% of all requests)

Percentage of requests completed on time in the first 7.5 years: 62.4%

459
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 21 days 21 days 21 days 21 days 21 days 21 days 21 days 21 days Number of
Requests
190 229 211 211 124 189 135 92
Average 18.9 days
(exceeded
by 10%
over
service
goal)

31.6 days
(delayed
by 50.5%
over
service
goal)

58.6 days
(delayed
by 179%
over
service
goal)

17.9 days
(exceeded
by 14.8%
service
goal)

15.4 days
(exceeded
by 26.8%
service
goal)

31.7 days
(delayed
by 51%
over
service
goal)

91.5 days
(delayed
by 336%
over
service
goal)

23.2 days
(delayed
service
goal by

10.5%)

The goals for both years 4 and 5 were met. However, the goals for years 6, 7, and 8 have been delayed for the following reasons.

First, a majority of the requests are for tree trimming and root pruning services, which require significant funding to address. Staff developed FY 2023-24 budgets to include funding to address approximately 12,000 trees across 41 Special Districts (“Districts”). The City’s contractor has already completed Landscape Maintenance District (“LMD”) No. 31 (472 trees), LMD-36 (877 trees), and LMD-51 (437) trees. Therefore, staff has now closed 36 tree-related requests in those Districts. The remainder of the Districts are expected to receive tree maintenance service before June 30, 2024, and staff anticipates closing 65 additional tree-related 311 requests. LMDs 11, 23, 25, and 58 currently do not have funding available and staff are planning to address these tree requests in FY 2024-25.

In order to address future District-wide tree trimming within the LMDs, staff have developed a multi-year grid-pruning schedule that will work in tandem with the citywide grid-pruning program with FY 2026-27 being the next year of service for all LMDs. As authorized by Streets & Highway Code 22660(a), funding is anticipated to be collected each year leading to FY 2026-27 in order to provide specific funding for this service.

Individual tree service requests will be addressed in each fiscal year as funding is available.

Second, the Division has completed an analysis of authorized services and improvements throughout the LMDs. We found 45 sidewalk-related 311 requests that were not the responsibility of the Districts. Those 311s were transferred to the Streets Division. The seven remaining requests for sidewalk repairs will be addressed by Special Districts staff.

Finally, in an effort to get back below the 21 day goal, Special Districts has filled key positions, including two Project Managers and two Maintenance Specialist Senior positions - all critical to ongoing maintenance and operations. With the addition of regular and ongoing contract services to assist our crews, we anticipate the number of requests to decrease over time as we get a handle on the deferred maintenance. However, services will continue to be unavailable in some LMDs due to their assessment limitations and their limited available fund balance that is a result of their capped assessments. As such, any requests beyond the scheduled routine landscape maintenance services are not able to be performed in a timely manner, or at all, due to these LMDs being underfunded. Staff does not recommend using the General Fund to subsidize the underfunded Districts because it would result in an inequity to the funded Districts.

Q. Traffic - Signal Issues

Total number of requests in the first 7.5 years: 1,008 (0.7% of all requests)

Percentage of requests completed on time in the first 7.5 years: 50.2%

460
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 3 days 3 days 3 days 15 days 15 days 15 days 15 days 15 days Number of
Requests
176 135 136 132 101 103 138 87
Average 300.5 days
(delayed
by
9916.7%
over
service
goal)

73.9 days
(delayed
by
2363.3%
over
service
goal)

21.1 days
(delayed
by 603.3%
over
service
goal)

23.8 days
(delayed
service
goal by

58.7%)

26.8 days
(delayed
service
goal by

78.7%)
22 days
(delayed
service
goal by

46.7%)

17.4 (delayed
service
goal by
16%)
10 days
(exceeded
service
goal by

33.3%)

The filling of vacant positions has helped decrease the time to respond to requests from year 6 to year 7; however, the number of requests has increased. This coupled with requests that require additional information to resolve results in delays for year 7. Staff has been working to expand the 311 fields to gather more incident information so that our technicians can resolve issues faster. As can be seen by the first six months of year 8, the ability to fill some more of the vacant positions in Transportation Engineering has led to a better success rate.

R. Street Markings

Total number of requests in the first 7.5 years: 441 (0.3% of all requests)

Percentage of requests completed on time in the first 7.5 years: 72.2%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 60 days 60 days 60 days 60 days 60 days 60 days 60 days 60 days Number of
Requests
27 61 61 72 54 70 54 42
Average 68.3 days
(delayed
by 13.8%
over
service
goal)

78.9 days
(delayed
by 31.5%
over
service
goal)

83.2 days
(delayed
service
goal by

38.7%)

31.2 days
(exceeded
by 47.9%
over
service
goal)

34.3 days
(exceeded
service
goal by

42.8%)

37.4 days
(exceeded
service
goal by

37.7%)

16.2 days
(exceeded
by 73%
over
service
goal)

16.8 days
(exceeded
service
goal by
72%)

The Streets Division continues to improve their response time for service requests as well as making efforts to maintain pavement markings with in-house staffing and contracted work.

S. Curb and Gutter Repair

Total number of requests in the first 7.5 years: 400 (0.3% of all requests)

Percentage of requests completed on time in the first 7.5 years: 41.6%

461
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 60 days 60 days 60 days 60 days 60 days 60 days 60 days 60 days Number of
Requests
14 51 52 52 42 62 89 38
Average 205.7 days
(delayed
by 242.8%
over
service
goal)
150.8 days
(delayed
by 151.3%
over
service
goal)

58.1 days
(exceeded
service
goal by

3.2%)

80.1 days
(delayed
by 33.5%
over
service
goal)

37.9 days
(exceeded
service
goal by

36.8%)

37.8 days
(exceeded
service
goal by

36.8%)

80.5 days
(delayed
by 34.2%
over
service
goal)

47.3 days
(exceeded
service
goal by

21.2%)

In year 7, due to vacancies and the lack of qualified applicants, the Public Works Streets Division was operating with approximately 12 out of 18 of the fully authorized positions. The same staff that does curb/gutter repairs also does pothole repair, paving streets and alleys, signs and pavement markings, weed abatement, and beach sand removal from our street right of ways. Specifically, priority concentration for the concrete team and funding were directed towards sidewalk displacement grinds and the removal and replacement of sidewalk repairs as they could result in claims and/or litigation against the City more frequently than curb/gutter issues. The Division is continuing the process by filling vacancies which has shown a positive impact on the first half of year 8.

T. Technical Support & Questions

Total number of requests in the first 7.5 years: 99 (0.1% of all requests)

Percentage of requests completed on time in the first 7.5 years: 90.0%

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 (First Half)
Goal 6 days 6 days 6 days 6 days 6 days 6 days 6 days 6 days Number of
Requests
20 13 9 10 17 11 8 11
Average 61.2 days
(delayed
by 920.0%
over
service
goal)

6.7 days
(delayed
by 11.7%
over
service
goal)

1.2 days
(exceeded
service
goal by

80.0%)

8.8 days
(delayed
by 46.7%
over
service
goal)

4.4 days
(exceeded
service
level by

27.5%)

5.0 days
(exceeded
service
level by

16.7%)

5.0 days
(exceeded
service
level by

16.7%)
10 days
(delayed
by 66.7%
over
service
goal)

For the majority of requests, staff has consistently met the service level goal. However, Oxnard 311 app software-related issues often take more time to resolve than the service level goal allows. For example, when a user submitted a request regarding issues with uploading pictures, Accela had to release a software update patch that took close to a month to develop and release. With these types of issues, City staff cannot process the request any faster.

Staff completed requests within the service level goal for years five and six. For year 7 and the first half of year 8, the IT Department experienced a major turnover in staff, which caused delays in meeting the service level goals. New leadership as well as some replacement staff has recently been added, and new processes are being put in place to ensure better responsiveness going forward.

Summary Table

A summary of the request types (in alphabetical order), their service level goals, and the performance for each service 462
year can be found in the table immediately below. Each column of the table represents a different service year. Each row represents a different request type. In each cell of the table, the “goal” represents the service level goal in that year for that request type, and each “avg” or “average” states the average completion time of staff in that year for that request type. For example, in Year 2 for abandoned vehicles, the table lists “Goal: 14 , Average: 9.” This means that in Service Year 2, the service level goal for abandoned vehicles was 14 working days, but staff was responsive to those requests on an average of 9 working days.

Category
Year 1
Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8
(First
Half)
Goa
l
Avg Goal Avg Goa
l
Avg Goa
l
Avg Goa
l
Avg Goa
l
Av
g
Goa
l
Av
g
Goa
l
Av
g
Abandoned
Vehicle
14 12.2 14 9 14 9.3 14 9.9 14 9.2 14 9.1 14 8.1 14 7.8
Animal
Safety
2 7.3 2 8.3 2 5.8 7 6.8 7 2.8 7 2.2 7 2.4 7 1.8
Curb and
Gutter
Repair
60 205.
7 60 150.
8 60 58.1
0 60 80.1 60 37.9 60 37.
8 60 80.
5 60 47.
3 General
Questions
15 41.5 15 45.9 15 42.2 15 30.7 15 15.2 15 20 15 21.
6 15 12.
6 Graffiti 3 1.7 3 1.1 3 1.8 3 2 3 2.3 3 2.4 3 2.6 3 1.9 Homeless
Encampme
nt
NA NA NA NA NA NA 21 7.6 21 6.6 21 4.6 21 3.4 21 3.5 Illegal
Dumping
3 4.4 3. 8.6 3 2.7 3 5.5 3 3.5 3 1.2 3 2.1 3 2.1
Litter 3 14.6 3 24.7 3 20.3 10 12.2 10 17.1 10 9.2 10 9.2 10 7.5 Overgrown
Landscape
60 73.7 60 92.5 60 75.1 60 36.7 60 47 60 43.
2 60 31.
5 60 24.
8 Pothole 150 73.3 15/30
*
113.
4 30 81.7 35 100.
1 35 135.
9 35 49.
3 35 28 35 16.
4 Sidewalk
Repair
60 116 60 121.
9 60 58.7 60 65.3 60 43.1 60 34 60 41.
5 60 33.
6 Special
Districts
21 18.9 21 31.6 21 58.6 21 17.9 21 15.4 21 31.
7 21 91.
5 21 23.
2 Street
Markings
60 68.3 60 78.9 60 83.2 60 31.2 60 34.3 60 37.
4 60 16.
2 60 16.
8 Street Signs 60 70.5 60 60.9 60 32.3 60 46.6 60 24.8 60 35. 7 60 15.
7 60 12.
3 Streetlight
Out
15 123.
6 15 55.9 15 28.5 15 19.1 15 7.0 15 16.
8 15 32.
9 15 20.
7 463
Tech
Support and
Questions
6 61.2 6 6.7 6 1.2 6 8.8 6 4.4 6 5.0 6 5 6 10
Traffic-
General
Issues
15 384.
7 15 40.5 15 18.2 18 19.1 18 27.1 18 26.
7 18 11 18 9.5
Traffic -
Signal
Issues
3 300.
5 3 73.9 3 21.1 15 23.8 15 26.8 15 22.
0 15 17.
4 15 10
Trash and
Recycling
Service
2 4.3 2 4.5 2 7.5 3 2.4 3 1.7 3 4.0 3 3.0 3 3.2
Water
Waste and
Leaks
4 25.7 4 42.9 4 47.1 4 12.5 4 8.9 4 17.
6 4 4.9 4 7.4

The service level goal for pothole requests was changed in the middle of year 2. The first half of year 2 had a service level goal of 15 days. The second half of year 2 had a service level goal of 30 days.

4. Summary

A. Projected Future Use of Oxnard 311

Oxnard staff have communicated with other cities around the country that use the same CRM platform (Accela’s PublicStuff) to estimate what future Oxnard 311 use could look like. Most cities reported a large increase in submitted requests between years one and two as more users discovered the system, which Oxnard experienced. The following years display steady request increases between 7 to 30%. Oxnard 311 growth appears to be close to following the same trend.

While impossible to predict the exact value of request increases for Oxnard 311, the City should be prepared for continuous growth. The related increase in workload will need to be met with a variety of solutions, including more efficient workflows, additional staff, and potentially increasing service level goals to account for additional work.

B. Changes to Technologically Improve the System

The new Tyler enterprise resource planning (ERP) system will have a significant impact on the Oxnard 311 system.

Requests submitted through Oxnard 311 will automatically generate detailed work orders in the new ERP compared to the minimal request assignments currently created through Accela’s PublicStuff platform. This will allow staff to collect more data related to resources used to complete requests. This in turn will allow City staff to gain new insights through data-rich analysis to better prepare for future workloads.

The new ERP system is taking multiple years to implement. As a temporary solution, the City’s GIS Division has created custom work order systems to assist staff in responding to high volume request types. One component of these custom work order systems is computer generated smart routing for vehicle efficiency when responding to requests throughout the City. This technology is still being refined and will ultimately save time and fuel while also reducing response time to requests.

C. Analysis

In both year 7 and the first half of year 8, staff met the service level goals in 12 categories: abandoned vehicles, animal safety, graffiti, homeless encampment, illegal dumping, litter, overgrown landscape, pothole, sidewalk repair, street markings, street signs, traffic - general issues. In just the first half of year 8, staff met the service level goal in another 3 categories. To continue meeting the goals in those three categories:
464

1. Regarding general questions, staff responsible for this category will follow up more frequently with staff handling the requests, thereby removing any delay.

2. Regarding traffic - signal issues, the first step is in the expansion of the 311 fields to gather more incident information so that our technicians can resolve issues faster. Also, filling more vacancies in Transportation Engineering will help reduce response times.

3. Regarding curb and gutter repair, a priority is placed on filling critical positions to ensure the same volume of work can be accomplished as was done in the first six months of year 8.

This leaves 5 request types for staff to focus on for the remaining months of year 8:

1. Regarding water waste and leaks, the delayed efforts are in the parks, and filling vacant positions including the Parks Manager will help; in the interim, the focus is on closing out 311 requests in a timely manner to achieve the 4-day goal.

2. Regarding trash and recycling services, staff will work to identify service issues to avoid missed pickups of residential carts and commercial bins and work to resolve the customers’ service concerns within a three-day response time. To reduce the amount of 311 calls Environmental Resources gets for issues associated with cross- contamination and/or overflowing carts that cause litter, staff will continue educating residential and commercial customers on proper use of three-stream waste/recycle service.and, to encourage less contamination to the recycle streams in an effort to reduce litter around residential carts and trash enclosures.

3. Regarding streetlight out, staff will work to have inventory on-hand to avoid lengthy procurement times, while pursuing funding for a streetlight plan to identify the replacement needs for antiquated equipment.

4. Regarding Special Districts, staff transferred 45 sidewalk-related 311 requests to the Streets Division, completed 36 tree-related requests, and anticipates closing another 65 such requests by the end of the fiscal year. Special Districts has also filled key positions and added ongoing contract services to assist the crews. To address future tree trimming within the LMDs, staff have developed a multi-year grid-pruning schedule in conjunction with the citywide grid-pruning program. However, some 311 requests cannot be addressed until FY 2024-25 because those districts currently do not have sufficient funding from the annual assessments.

5. Regarding technical support and questions, new IT leadership, staff and processes should bring the response times back down below the goal on average.

STRATEGIC PRIORITIES

This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

There is no Financial Impact.

COMMITTEE OUTCOME

The Community Services, Public Safety, and Housing & Development Committee approved 3-0 on January 23,2024.

Prepared by: Shiri Klima, Deputy City Manager

ATTACHMENTS

1. Presentation

465
Oxnard 311 - Performance Update Report
February 20, 2024
City Council
Rob Ruben, Chief Information Officer
466
That the City Council receive a City of Oxnard 311
constituent relationship management performance update
for the period of service year seven (May 1, 2022, through April 30, 2023) and the first half of service year eight (May 1, 2023, through October 31, 2023).
2 467
150,593Launched
18,315
REQUESTS SUBMITTED DOWNLOADS2016
17 languages supported
3 468
4APP

DOWNLOADS
469
5 REQUESTS SUBMITTED
470
Illegal Dumping - 43,242
Abandoned
Vehicles
13,465
Graﬃti - 28,839
6REQUESTS SUBMITTED
33%
Illegal Dumping - 49,369

24.6%
Graffiti - 36,770

11.4%Abandoned
Vehicles - 17,013

4.2%

3.6%
471
7 49,369 Total Illegal Dumping Requests in ﬁrst 7 ½ years before
after

ILLEGAL DUMPING REQUESTS PER YEAR
472
8 Goal = 3 Days Avg = 2 Days

ILLEGAL DUMPING REQUESTS PERFORMANCE PER YEAR
473
9 36,770 Total Graﬃti Requests in ﬁrst 7 ½ years

GRAFFITI REQUESTS PER YEAR
474
10 Avg = 2.0 DaysGoal = 3 Days

GRAFFITI REQUESTS PERFORMANCE PER YEAR
475
11 17,013 Abandoned Vehicle Requests in ﬁrst 7 ½ years

ABANDONED VEHICLE REQUESTS PER YEAR
476
12 Avg = 7.8 DaysGoal = 14 Days

ABANDONED VEHICLE REQUESTS PERFORMANCE PER YEAR
477
ANALYSIS: WHAT THE CITY IS DOING WELL
In year 7 and the first half of year 8, the City met service level goals in 12 categories:

1. Abandoned Vehicles

2. Animal Safety

3. Graffiti

4. Homeless Encampment

5. Illegal Dumping

6. Litter
We aim to continue to succeed in these categories

7. Overgrown Landscape

8. Pothole

9. Sidewalk Repair

10. Street Markings

11. Street Signs

12. Traffic - General Issues
13 478
ANALYSIS: WHERE WE ARE IMPROVING
In the first half of year 8, staff met the goals in another 3 categories. To continue down this path of success:

1. Regarding General Questions, staff responsible for this category will follow up more frequently with staff
handling the requests

2. Regarding Traffic - Signal Issues, we will expand 311 fields to gather more incident information and aim to fill more vacancies in Transportation Engineering

3. Regarding Curb and Gutter Repair, we will aim to fill critical positions in Streets Division
14 479
ANALYSIS: WHERE WE NEED TO IMPROVE
This leaves 5 request types to focus on:

1. Regarding Water Waste and Leaks, we need to fill
vacant positions in Parks Division (e.g., Parks Manager) and close out 311 requests faster

2. Regarding Trash and Recycling Services, staff needs to identify service issues and continue educating
customers on proper use of three-stream waste/recycle
service

3. Regarding Streetlight Out, staff will work to have
inventory on-hand to avoid lengthy procurement times,
while pursuing funding for a streetlight plan to identify the replacement needs for antiquated equipment
15 480
ANALYSIS: WHERE WE NEED TO IMPROVE (continued)
We need to focus on:

4. Regarding Special Districts, we have transferred or
closed out many requests, filled key positions, added
ongoing contract services, and developed a multi-year
grid-pruning schedule in conjunction with the citywide
program; however, some districts do not have
sufficient funding in the current fiscal year to address 311 requests

5. Regarding Technical Support and Questions, new IT
leadership, staff and processes should bring the
response times back down below the goal on average.
16 481
That the City Council receive a City of Oxnard 311
constituent relationship management performance update
for the period of service year seven (May 1, 2022, through April 30, 2023) and the first half of service year eight (May 1, 2023, through October 31, 2023).
17 482

QUESTIONS
19 483

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. I.4

DATE: February 20, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: First Amendment to Agreement A-8281 with Kennedy Jenks Inc. for Construction Management Services for the Oxnard Wastewater Treatment Plant Reliability Improvement Project PW 20-102. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a First Amendment to Professional Services Agreement A-8281 with Kennedy Jenks Inc. to increase the not to exceed amount from $3,279,740 to $4,514,536 and extend the term date to March 31, 2026, for additional construction management services for the Oxnard Wastewater Treatment Plant (OWTP) Reliability Improvement Project (No. C2201).

(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/HD8Yvhtjdzw

BACKGROUND

On January 26, 2021, the City Council approved Agreement A-8281 with Kennedy Jenks Inc. (Kennedy Jenks), in the amount of $3,279,7 40 and a term date of February 16, 2024, for construction management services for the OWTP Reliability Improvement Project. The project was initially bid in July 2021 and resulted in a formal bid protest. Following a constructability review by Kennedy Jenks and revising the drawings, the project was bid a second time in February 2022, with the construction notice to proceed issued on October 20, 2022.

The Project includes a structural rehabilitation of the plant headworks, additional odor control, replacement of the motor control center, digester rehabilitation, a new electrical building, standby generator replacement, a new maintenance building, improvements to the inter-stage pump station, process water pipeline replacement, security fencing & surveillance, and a new SCADA system.

The initial scope of work for Kennedy Jenks included:
• Coordinate with the City’s Project Manager on the Project at all times and be the point of contact for the Contractors.
• Perform a design/constructability review of the plans and specifications. • Develop the pre-construction meeting agenda and lead the meeting, notifying all parties prior to the meeting of the time and location of the meeting.
• Coordinate with the Contractor prior to mobilization and coordinate a pre-construction field meeting. • Develop the weekly project progress meeting agendas and hold project progress meetings. • Maintain all document management control logs of RFIs, Submittals, Potential Change Orders, etc., on a web- based document management system. Develop a digital copy of all project documentation at the end of each project and submit to the City’s Project Manager.
484
• Submit and coordinate all Contractors’ submittals with the Design Engineer for approval prior to construction. • Coordinate with the City’s Project Manager and Operations Representatives for Contractor site access, security, safety, storage, and work area Control.
• Perform daily inspection of the entire construction process, ensuring conformance with plans and specifications full-time when the Contractor is on-site.
• Record all deficiency work and coordinate the corrective work with the Contractor if needed. • Coordinate with City’s Operations Representative prior to placing works into service, for acceptance by the City. • Review all Contractor Change Order Requests against the plans and specifications for entitlement. Provide a recommendation of acceptance.
• If entitlement has been recommended, review all Contractor Change Order Requests hereafter, for general accuracy, compliance with the City’s General Provisions specification and industry standards regarding format, pricing and overhead percentages.
• Develop Change Order for City approval and Contractor payment. • Review and process the Contractor’s pay requests.
• Review Contractor’s Project Schedule and provide recommendation for acceptance or revisions. • Review As-Built / Record drawings as developed by the Contractor for accuracy and approve for submittal to design engineer.
• Review and process operation & maintenance manuals and spare parts with Contractor and City staff.

Capital Improvement Program (CIP) Reference:

Project No. C2201 - Oxnard Wastewater Treatment Plant Reliability Improvements Project - CIP 2022-2027 - Adopted May 3, 2022 – Pages 106, 111, 112, 116, 117, & 118.

DISCUSSION

As of December 2023, the OWTP Reliability Project is 30 percent complete with anticipated final completion in September 2025. Project challenges have included rebid, existing subsurface utilities, supply chain issues, and coordination with Southern California Edison. The original duration of the Agreement A-8281 was three years, with the assumption that construction would commence in 2021. Construction commenced in Fall 2022. Due to the complex nature of this multi-discipline project and the sheer volume of work, continued construction management and inspection services are required to assist the City in completing the OWTP Reliability Project. This amendment for an additional $1,234,796 continues the daily services Kennedy Jenks provides including but not limited to:
• Construction contract administration, contractor and design engineer coordination and correspondence, safety and security monitoring, environmental monitoring, contract controls and scheduling, cost estimating, pay application processing, document control (RFI’s, submittals, etc. through Procore), review of record drawings, providing technical support as necessary, assistance with operations and maintenance manuals, change orders, and claims management.
• Construction inspection services (civil, structural, mechanical, electrical, and instrumentation), including preparation of daily construction reports, photo documentation, ensuring contractor compliance with safety and contract documents, SWPPP inspection, pressure testing, and disinfection testing, confirmation of payment requests, development of punch lists, and review of as-builts.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The total amount of this First Amendment to Agreement A-8281 with Kennedy Jenks Inc. shall not exceed $1,234,796 for a new, not-to-exceed amount of $4,514,536 for additional professional construction management services. There is 485
sufficient funding available in the OWTP Reliability Project No. C2201 from the Wastewater Bond / State Revolving Loan Fund (617) (and corresponding Wastewater Capital Improvement Fund (612)) to fund this agreement.

For Finance Use Only: Wastewater Bond Fund (Org. 6171001 Obj. 59800), Wastewater Capital Improvement Fund (Org. 6123610 Obj. 49300/53270) Project C2201

COMMITTEE OUTCOME

This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.

Prepared by: Morgan Kessler, City Engineer, Timothy Beaman, Supervising Civil Engineer

ATTACHMENTS

1. A-8281 First Amendment

2. KJ Agreement A-8281

3. Presentation

486
FIRS
T AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)) Agreement No. A-8281
FIRS

T AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This
First Amendment (“First Amendment”) to the Professional Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 2024, by and between the City of Oxnard, a municipal corporation (“City”), and Kennedy/Jenks Consultants, Inc.(“Consultant”). This First Amendment amends the Agreement entered into on February 16, 2021, by City and Consultant.

Ci
ty and Consultant agree as follows:

1. The Agreement Term End Date in Section 5 of the Agreement is hereby amended to state “March 31, 2026.”

2. The Agreement Total Amount in Section 6 of the Agreement is hereby amended to “$4,514,536.”

3. All references to the Rates and Costs Exhibit everywhere it is listed in the Agreement is hereby amended to add also the Rates and Costs Exhibit-A. The Rates and Costs Exhibit-A is attached hereto and incorporated herein by this reference.

4. All references to the Rates and Costs Exhibit everywhere it is listed in the Agreement is hereby amended to add also the Rates and Costs Exhibit-B Effective February 17, 2024. The Rates and Costs Exhibit-B Effective February 17, 2024 is attached hereto and incorporated herein by this reference.

5. A Section 38 is created and incorporated into this Agreement after Section 37. This Section 38 is titled “Iran Contracting Act” and the section shall read:
“In a
ccordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200- 2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A CONSULTANT is ineligible to enter into any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the CONSULTANT engages in investment activities in Iran. CONSULTANT must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as the Iran Contracting Certification Exhibit.” 487
2 6. As so amended, the Agreement remains in full force and effect. [
Signatures on next page]
488
Agreement No. A-8281
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19) I
N WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CI
TY OF OXNARD KENNEDY/JENKS CONSULTANTS, INC.
☐John C. Zaragoza, Mayor1 Date Keith London, President/CEO Date ☐Jennifer Yates, Purchasing Agent 2
Douglas Sawyers, COO 3 Date
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
AP
PROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and o f the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower -l evel managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 489
2775 North Ventura Road, Suite 202 | Oxnard, California 93036 805
-973-5700 | [email protected]
g:\market\pro\oxnard\wwtp cm\amendment\oxnard wwtp 2021 reliability improvements amend. request.docx 7 December 2023
Mr. Timothy Beamon, P.E.

Senior Engineer
Capital Projects Management Public
Works Department
305 West Third Street, East Wing, 2nd Floor
Oxnard, CA 93030
Subject: Amendment for Continued Construction Management and Inspection Services for the Oxnard Wastewater Treatment Plant 2021 Reliability Improvements Project (Agreement No. A-8281)
Dear Tim:

Ken
nedy/Jenks Consultants (Kennedy Jenks) is pleased to submit this amendment for additional/continued construction management and inspection services to assist the City with construction of the Oxnard Wastewater Treatment Plant 2021 Reliability Improvements project. As you know, at the time of our original proposal the duration of the construction project was still being developed and the City requested that a proposal for two years be submitted. This proposal is based on extending our contract, which currently ends February 16, 2024, after completion of those two years, to September 8, 2025 to correspond with the completion of the project construction. Our scope of services are as follows:

SCOPE OF SERVICE
TASK 1: Project Management
Ke
nnedy Jenks will continue with our project management services including project administration and documentation, tracking project schedule, preparing meeting agendas, conducting meetings, preparing meeting minutes, record keeping, correspondence, invoicing, staffing and grant funding administration.

TASK 2: Construction Document Review (Completed – Not a Part of Amendment Request) TASK 3: Bidding Support Services (Completed – Not a Part of Amendment Request) TASK 4: Construction Administration
Kennedy Jenks will continue with our construction contract administration, contractor and design engineer coordination and correspondence, safety and security monitoring, environmental monitoring, contract controls and scheduling, cost estimating, pay application processing, document control (RFI’s, submittals etc. through Procore), review of record drawings, providing technical support as necessary, assistance with operations and maintenance manuals, and PCO, change order and claims management.

TASK 5: Inspection Services
Kennedy Jenks will continue our construction inspection services (civil, structural, mechanical) including preparation of daily construction reports, photo documentation, ensuring contractor

RATES AND COSTS EXHIBIT-A
490

Mr. Timothy Beamon, P.E.

City of Oxnard

Page 2 ends

g:\market\pro\oxnard\wwtp cm\amendment\oxnard wwtp 2021 reliability improvements amend. request.docx compliance with safety and the contract documents, SWPPP inspection, pressure testing and disinfection testing, confirmation of payment requests, development of punch lists and review of as- builts. Our subconsultants will also continue to provide electrical and instrumentation inspection, soils and materials testing, and welding and coatings inspection.

TASK 6: Equipment & Systems Testing/Startup/Training (Work Not Started – Not a Part of Amendment Request)
TASK 7: Construction Closeout (Work Not Started – Not a Part of Amendment Request)

SCHEDULE
The proposal assumes the scope of services will be extended through September 8, 2025, to correspond w
ith completion of the current project construction schedule.

FEE ESTIMATE
The estimated fee for the scope of services described above is $1,234,796 as shown on our fee s
preadsheet (attached). We have also enclosed our updated rate schedule which will be utilized for the remainder of the project and as represented by the attached fee spreadsheet.

Please contact Bill Yates at (805) 973-5705 with questions or if you would like to discuss our amendment request further.

Very truly yours,
Kennedy/Jenks Consultants, Inc.

Jeffrey T. Savard, P.E. William C. Yates, P.E.

Vice President Sr. Construction Manager

Enclosures
491
Fee Proposal Kennedy/Jenks Consultants
CLIENT Name:

PROJECT Description:

Proposal/Job Number: B10440016/0038 Date:

City of Oxnard
Oxnard WWTP Improvement CM Amendment 1
12/
6/2023

KJ KJ KJ KJ
Risk Management
Total Subs + ODC's
Subs
Resident Engineer
Civil/Struct Inspect
Quality Assurance Classification: Total
Total
Labor
Sub-Markup
ODCs
ODCs
Markup
Jon Westervelt
Risk Management
Clear Controls
Scheduling
Total Subs + ODC'sTotal Labor + Subs
+ ODC's
MKN
NV5
Material Testing
Dylan Hopkins
Resident Engineer
Todd Tappan
Civil/Struct Inspect
Troy Sullivan
Project Admin
Janet Hoffman
Cost Estimating
Kim Sloat
Quality Assurance
Mgr
Catrina Paez
Funding/Grant
Management
Bill Yates
CM
Hourly Rate: $288 $288 $265 $261 $250 $229 $270 $140 Hours Fees Fee Fee Fee 10% Fees 10% Fees Tas
k 1 - Program Management 32 32 360 120 104 6 48 $159,712 - $ 50,000$ 5,000$ 55 ,000$ 214,712$ Task 1 - Subtotal 32 32 360 120 0 0 0 1 04 648 $159,712 - - - - 50,000$ 5,000$ 55,000$ 214,712$ Task 4 - Construction Administration 704 1280 60 20 44 $519,944 - $ -$ 519,944$ Task 4 - Subtotal 0 0 0 704 1280 0 60 0 2044 $519,944 - - - - - - - 519,944.00 Task 5 - Inspection 1280 128 0 $293,120 173,200$ 15,000$ 18,820$ 207 ,020$ 500,140$ Task 5 - Subtotal 0 0 0 0 0 1280 0 0 1280 $293,120 173,200 $ - $ 15,000$ 18,820$ - $ - $ 207,020$ 500,140$ All Tasks Total 32 32 360 824 1280 1280 60 104 3972 $972,776 173,200 $ - $ 15,000$ 18,820$ 50,000$ 5,000$ 262,020$ 1,234,796$

RATES AND COST EXHIBIT-A

CONTINUED
492
Client/Address: City of Oxnard
305 West Third
Street, East Wing,
2nd Floor Oxnard,
CA 93030
Cont
ract/Proposal Date: December 6, 2023
Schedule of Charges Date: December 6, 2023

PERSONNEL COMPENSATION
Classification Hou rly Rate
Engineer-Scientist-Specialist 1....................... .................................................... $155 Engineer-Scientist-Specialist 2........................................................................... $185 Engineer-Scientist-Specialist 3........................................................................... $210 Engineer-Scientist-Specialist 4........................................................................... $230 Engineer-Scientist-Specialist 5........................................................................... $265 Engineer-Scientist-Specialist 6........................................................................... $270 Engineer-Scientist-Specialist 7........................................................................... $290 Engineer-Scientist-Specialist 8........................................................................... $305 Engineer-Scientist-Specialist 9........................................................................... $320 Engineer-Scientist-Specialist 9........................................................................... $320 Sr. Construction Manager 8 ............................................................................... $261 Sr. Construction Manager 9 ............................................................................... $288 Resident Engineer ............................................................................................. $250 Sr. Inspector ...................................................................................................... $229 Senior CAD-Designer ........................................................................................ $185 CAD-Designer ................................................................................................... $170 Senior CAD-Technician ..................................................................................... $155 CAD-Technician ................................................................................................ $140 Project Assistant ................................................................................................ $140 Administrative Assistant ..................................................................................... $120 Aide..................................................................................................................... $95 Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus ten
percent for items such as:
a. Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies related to the work.
b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Special fees, insurance, permits, and licenses applicable to the work. d. Outside computer processing, computation, and proprietary programs purchased for the work.

If prevailing wage rates apply, the above billing rates will be adjusted as appropriate.

Overtime for non-exempt employees will be billed at one and a half times the Hourly Rates specified above.

Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above.

Excise and gross receipts taxes, if any, will be added as a direct expense.

The foregoing Schedule of Charges is incorporated into the agreement for the services provided on the project, effective upon execution of the agreement.

Rates and Costs Exhibit-B Effective February 17, 2024
493
I

RAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
P
ursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): Federal ID Number (or n/a):

By (Authorized Signature):
___________________________________________
Printed Name & Title of Person Signing: Date Executed
_____________________________________________ __________________________ Executed in the County of________________________________ in the State of __________________ OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed): Federal ID Number (or n/a):

By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________ 494
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517
City Council
February 20, 2024
Tim Beaman, PE
Supervising Civil Engineer

AMENDMENT FOR CONSTRUCTION

MANAGEMENT SERVICES FOR THE

OXNARD WASTEWATER TREATMENT

PLANT RELIABILITY IMPROVEMENT
PROJECT PW 20-102
518
RECOMMENDATION 2
That the City Council approve and authorize the mayor to execute a First Amendment to Professional Services Agreement A-8281 with Kennedy Jenks Inc. to increase the not to exceed amount from $3,279,740 to $4,514,536 and extend the term date to March 31, 2026, for additional construction management services for the Oxnard Wastewater Treatment Plant (OWTP) Reliability Improvement Project (No. C2201). 519
BACKGROUND 3
The OWTP Reliability Project includes major rehabilitation, replacement, or improvements of:
• Headworks
• Main Electrical Building
• Maintenance Storage Building
• Motor Control Center
• Site Security
• Digester No. 2
• SCADA
• Site Civil
520
DISCUSSION 4
• Subsurface utilities
• APCD permitting
• Equipment delivery
Project Challenges:
• Rebid
• Supply chain issues
• Utility coordination
521
DISCUSSION 5
• Project is 30% complete
• Scheduled completion is September 2025
• Construction management services through the remainder of the Project
522
FINANCIAL IMPACT 6

AGREEMENT
A-8281 $3,279,740
First Amendment $1,234,796
Total Cost: $4,514,536
The OWTP Reliability Project No. C2201 has available appropriations of approximately $10.8M from the Wastewater Capital Fund (612) to fund this agreement.
523

QUESTIONS
7 524

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. I.5

DATE: February 20, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Agreement 32400334 with J I Gandara Transport for Supplemental Waste Transfer Hauling Services for the Del Norte Regional Recycling and Transfer Station. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with J I Gandara Transport for an amount not to exceed $5,000,000 for an initial one-year term, with an option to extend for two additional one-year terms; ending March 1, 2027, to provide supplemental waste transfer hauling services for the Del Norte Regional Recycling and Transfer Station.

(Public Works and Transportation Committee approved 3-0 on January 23, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Awva8MaqyIE

BACKGROUND

Since the opening of the Del Norte Regional Recycling and Transfer Station in October of 1996, the Environmental Resources (ER) Division has operated with an internal transfer fleet and contracted with outside firms to provide supplemental waste transfer hauling services. Operational and fiscal analyses have demonstrated that augmenting ER’s transfer operation with on-call outside, supplemental haulers is the most efficient and cost-effective means of complying with State permit mandates. An internal transfer fleet offers ER the necessary control of staff and vehicles to ensure that Del Norte permit mandates are met. Throughout the year, there can be fluctuations in the waste stream, intermittent ER staff shortages and periodic limited availability of ER vehicles due to maintenance. Supplemental hauling contracts allow the City to prepare for these events and ensure that permit mandates are met. This balance has served the utility well and is consistent with industry standards.

Traditionally, ER transfers up to 195,000 tons per year and the supplemental waste transfer haulers transfer up to approximately 100,000 tons per year from the Del Norte Facility to local and regional contracted landfills and organics processors. The City of Oxnard contracts with Waste Management of California, Inc. for solid waste disposal to the Simi Valley Landfill. Additionally, the City of Oxnard contracts with Agromin Organics Recycling to receive and process organic (green waste) material.

DISCUSSION

On November 14, 2023, the City issued a Request for Bid (RFB) ER 24-34 to solicit bids from waste transfer haulers for supplemental transfer hauling services. The RFB was sent to 12 firms and was posted on the City’s website and www.publicpurchase.com. By the December 11, 2023 deadline, the City received four (4) qualified proposals: J I Gandara Transport (Gandara Transport), Ecology Auto Parts, Inc., Eco Transport, LLC, and American Reclamation.

Table 1 below reflects the transfer costs per ton provided by each bidder. 525

Table 1
Destination J I Gandara
Transport
Ecology Auto
Parts, Inc.

Eco
Transport,
LLC
American
Reclamation
Simi Valley Landfill, 2801 Madera Road, Simi Valley,
CA 93065
$11.95 $12.68 $13.95 $27.95
Agromin Organics Recycling at Limoneira Farms,
12390 Telegraph Road, Santa Paula, CA 93060
$12.00 $12.68 $12.95 $23.04
Agromin Organics Recycling at Simi Valley Landfill,
2801 Madera Road, Simi Valley, CA 93065
$11.95 $12.68 $15.95 $27.95
Toland Road Landfill, 3500 Toland Road, Santa Paula,
CA 93060
$11.95 $12.22 $16.50 $28.80
Chiquita Canyon Landfill, 29201 Mayo Drive, Castaic,
CA 91384
$18.00 $15.82 $18.00 $28.80
TOTAL $65.85 $66.08 $77.35 $136.54

While the City does not currently contract with the Toland Road Landfill or Chiquita Canyon Landfill for solid waste disposal, staff will be exploring this option as an emergency backup in the event of fires or other natural disasters causing Simi Valley Landfill to temporarily close. For this reason, vendors were asked to supply costs to deliver solid waste to the Toland Road Landfill and the Chiquita Canyon Landfill.

Among the four (4) bid proposals reviewed by the Environmental Resources Division Manager, Materials Recovery Facility Manager, and Chief of Collections, it was determined that Gandara Transport submitted the lowest, responsive bid. Thus, staff recommends awarding the contract for supplemental hauling services to Gandara Transport. Staff has confirmed that Gandara Transport meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that Gandara Transport is capable of satisfactorily completing the services. Thus, staff recommends that the City Council award the Agreement for these services to Gandara Transport.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this agreement with Gandara Transport, LLC for supplemental transfer hauling services shall not exceed $5,000,000 over a three-year period. The spending plan for the remainder of FY 2023-24 is $500,000 and funds are available in the City Council FY 2023-24 Adopted Budget from the Environmental Resources Fund (6313637-54400).

The funding for subsequent fiscal years will be requested during the annual budget process.

Table 2
Estimated Spending Plan
FY 2023-24 (4
months)
FY 2024-25 FY 2025-26 FY 2026-27 (8
months)
TOTAL
$600,000 $1,700,000 $1,700,000 $1,000,000 $5,000,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on January 23, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Eric Zetz, Division Manager, Grant Dunne, Management Analyst III

ATTACHMENTS

1. Agreement 32400334

2. Presentation

527

TRADE SERVICE AGREEMENT

BETWEEN
THE CITY OF OXNARD AND J.I. GANDARA TRANSPORT, INC.

By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of J.I. Gandara Transport, Inc. (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. S
UMMARY DESCRIPTION OF SERVICES. Supplemental Waste Transfer Hauling
T
his Agreement is for supplemental hauling services from the Del Norte Facility to designated landfills or facilities as assigned by the City of Oxnard.

2. P
ARTIES.

C
ITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 J
.I. Gandara Transport, Inc. (“SERVICE PROVIDER”), a corporation of the State of California, located at 11749 Wicks St., Sun Valley, California 91352

3. T
ERM OF AGREEMENT: From: March 2, 2024 To: March 1, 2025 3 .1 Time is of the essence in this Agreement.
3 .2 The CITY shall have the option for (2) consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.
3 .3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of three (3) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.

Agreement 32400334

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528

3.4 A
ll services required of SERVICE PROVIDER under this Agr eement shall be completed on or before the end of the term of the Agreement.

4. AGREEMENT AMOUNT NOT TO EXCEED: $ 5,000,000.

5. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-I (Pollution) Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Certification

6. DESIGNATED REPRESENTATIVES.

The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERV ICE PROVIDER’s Representative:

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Eric Zetz Name: Isabel V. Gandara Title: Division Manager Title: President Phone: 805-385-7957 Phone: 818-335-8508 Email: [email protected] E
mail: [email protected]
Mailing Address (if differs from above): Mailing Address (if differs from above):
111 South Del Norte Blvd.

Oxnard, California 93030

7. CONTRACTUAL PREREQUISITES.

7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall b e approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.

7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.

Agreement 32400334

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529

7.3. A
ll proof of business license, insurance, and W -9 forms is required prior to execution of this Agreement.

7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.

8. SERVICE PROVIDER'S SERVICES.

8.1 SERVICE PROVIDER shall perform t he tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.

8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

9. COMPENSATION.

CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.

9.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices. If any price increase is granted by the CITY, the increase shall not be greater than 3% from the prior year.

10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

Agreement 32400334

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530

10.1 Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provi ded, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].

10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Se rvices performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.

10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.

11. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the A greement appears in section 3.2, then this Agreement shall not be extended.

12. MODIFICATION OF AGREEMENT.

This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.

Agreement 32400334

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531

13. TE
RMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 20 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.

14. INDEPENDENT CONTRACTOR

SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SER VICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

SERVICE PROVIDER and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent.

SERVICE PROVIDER and its employees are not employees of City. SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long -term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shal l not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

15. LAWFUL PERFORMANCE.

SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.

Agreement 32400334

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532
SE
RVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SAFETY REQUIREMENTS.

SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.

17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.

CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.

17.1. Records and Inspections. The SERVICE PROVIDER sha ll maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services.

SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furni sh reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.

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17.3. Ow
nership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.

17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.

17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possessi on or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to t he projects assigned to SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.

18. ASSIGNMENT.

This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.

SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, Agreement 32400334

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534
and SE
RVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER's performance of this Agreement without the prior wri tten approval of CITY, by and through the CITY’s Designated Representative.

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.

The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non- breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 20.

20. NOTICES.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first -class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

21. COVENANTS AND CONDITIONS.

Each term and each provision of this Agreement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.

22. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from SERVICE PROVIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its Agreement 32400334

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leg
islative and advisory bodies, and the CITY’s officials, director s, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

23.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s Agreement 32400334

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subc
ontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer - employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

26. PREVAILING WAGE REQUIREMENTS.

26.1. Application.

The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Prevailing wages are required to be paid to all workers, including subcontracted employees.

26.2. Compliance with California Department of Industrial Relations (DI R).

To determine if this Agreement is subject to compliance monitoring and enforcement, go to:

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http
s://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

27. CONFLICT OF INTEREST

S
ERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.

28. IRAN CONTRACTING ACT

[DELETE “IRA” IF AGREEMENT TOTAL IS LESS THAN $1 MILLION & Replace with term [RESERVED] ] IRAN Contracting Exhibit is in the Agreements Folder on the S Drive.

In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200- 2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

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29. [R
ESERVED]

30. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the Americ an Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE Agreement 32400334

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PROV
IDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

33. ADVERTISING AND PUBLICITY

SERVICE PROVIDER shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.

34. NONDISCRIMINATORY EMPLOYMENT.

SERVICE PROVIDER shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethni c group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.

SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.

35. FORCE MAJEURE.

Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

36. GOVERNING LAW.

The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.

37. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

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38. INT
EGRATED AGREEMENT.

This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

39. NO THIRD-PARTY BENEFICIARY.

This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

40. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

41. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.

42. INCONSISTENT OR CONFLICTING TERMS.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. ACKNOWLEDGEMENT.

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By
signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance.

[Signatures on next page]

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In wi
tness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.

CITY OF OXNARD J.I. GANDARA TRANSPORT, INC.

☐John C. Zaragoza, Mayor1 Date Isabel V Gandara, CEO Date ☐Jennifer Yates, 2
Purchasing Manager

M Leticia Gandara, Date
Secretary3

ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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EX

HIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and J.I. Gandara Transport, Inc. )

SCOPE OF SERVICES

INSERT CITY PROJECT MANAGER FOR THI S AGREEMENT: James Torrez / 805- 200-2215 / [email protected]

Provide supplemental hauling services from Del Norte Facility to designated landfills or facilities as assigned by the City.

Contractor shall be capable of hauling up to 100,000 tons of solid waste material every year over the term of this contract. Contractor is expected to have a daily minimum of (5) five tractor-trailers with trailer walking floors available for “on-call” upon the City’s request to provide waste transfer hauling. Contractor shall be expected to haul up to 4 loads per tractor-trailer each day the City makes an “on-call” request if needed.

Due to the configuration of Del Norte for loading trailers, trailers should be 48 feet in length by 8 feet and five inches in width and no more than 13 feet and 7 inches in height.

Walking floor trailers or tipper trailers are required at the Simi Valley Landfill.

On request of City, Contractor shall, pursuant to this Agreement, haul solid waste, green waste or recyclables from Del Norte to the Simi Valley Landfill or other facilities as designated by the City. If during the term of the Agreement City designates a landfill or facility not identified in this Section of Agreement, Contractor shall provide the City its rate per ton hauled to that landfill.

Since the City has a tonnage flow commitment to the Simi Valley Landfill, the haul rate to this landfill is important to the City. This agreement is for supplemental waste transfer hauling service. The City does not guarantee that City will request Contractor to haul any minimum or maximum amount of solid waste tons.

CONTRACTOR SERVICE SCHEDULE AND CONDITIONS

Contractor shall provide hauling service only upon the request of the City. Del Norte hours are 5:30 am to 5:00 pm Monday through Saturday. Contractor shall follow all laws, regulations, safety rules and practices at the Facility and landfills, including the Del Norte Regional Recycling and Transfer Station Loading Procedure Policy attached as Exhibit A-1.

City shall give Contractor at least 24 hours’ notice by telephone of assignments to haul.

City shall specify the number of trucks required and specify the facility where the material is to be delivered.

Contractor shall maintain tractor-trailers to perform haul operations in a legal, safe and effective manner. Contractor shall keep tractor-trailers in a clean condition and maintain a good appearance. Contractor shall provide City a copy of certification to verify safety Agreement 32400334

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audit
s performed by California Highway Patrol or Bi -Annual Terminal “BIT” inspections on Contractor’s tractor -trailers. Upon City’s request, Contractor shall provide all maintenance records of tractor-trailers providing hauling service under this Agreement.

City shall inspect Contractor’s tractor -trailers as City determines is necessary. Upon request of City, Contractor shall repair, at Contractor’s expense, any item on tractor - trailer that City d eems necessary to repair to perform hauling services. The Contractor shall repair the item within a reasonable time as not to adversely impact hauling service.

Contractor’s tractor-trailers shall be in good mechanical and operational condition and clean before hauling each load from Del Norte.

Contractor shall use its best efforts to provide a sufficient number of trucks and drivers to Del Norte at the days and times specified by City.

Contractor shall provide City with a facility weight ticket identifying the amount of tons hauled by Contractor to the Facility.

Contractor shall provide City with tare weights of tractor-trailers used by the Contractor.

Tractor-trailers shall have a full tank of fuel when the weight is tared.

Contractor shall provide City with vehicle numbers of tractor -trailers used by the Contractor.

Contractor must be available to haul solid waste, green waste, wood, and recyclable material at the City’s request. The denial of loads by the Contractor may be interpreted as nonperformance and breach of this Agreement.

ABILITY TO

Contractor shall have the ability to respond to City assignments in a timely fashion regardless of material. Contractor shall have the ability to communicate effectively and be accessible to City staff. Contractor shall have the ability to maintain records.

Contractor shall have ability to invoice City on a regular basis with detailed billing information

STAGING/PARKING AREA

City and Contractor may enter into a separate agreement (license agreement) for the City to lease property to Contractor on Del Norte’s property site for overnight parking of Contractor’s tractor-trailer vehicles for a maximum of five tractor -trailer vehicles. Based on City’s hauling needs, City shall determine the number of tractor-trailers staged (up to five maximum) at Del Norte by Contractor. Upon City’s request, City shall give Contractor 24-hour notice by telephone to change the number of tractor- trailers staged at Del Norte by Contractor.

MAINTENANCE

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Cont
ractor may provide its own preventative maintenance, washing, and fueling of its tractor-trailers staged at Del Norte. All labor, equipment, parts, supplies, fuel, and other related materials to maintain, wash, and fuel Contractor’s tractor -trailers shall be performed by the Contractor and at the sole expense of the Contractor. Contractor shall perform all maintenance, washing and fueling of its tractor- trailers at Del Norte from 5:00 p.m. to 5:30 a.m. Monday through Saturday when Del Norte is closed to the public.

Contractor shall not perform any major repairs of its tractor -trailers at Del Norte.

Contractor shall collect and dispose of all debris generated from maintenance, washing and fueling of its tractor-trailers. Contractor shall use its own catch basin and safely and responsibly dispose of all liquid waste from washing its tractor -trailers. At City’s sole discretion, Contractor may stage maintenance, vehicle parts, and other apparatus to maintain, fuel and wash Contractor’s tractor -trailers at Del Norte. Contractor must use containment methods requested by the City.

COMPENSATION

Contractor shall submit a haul rate per solid waste ton delivered to the landfill or facility.

Contractor’s haul rate shall include all cost for labor, fuel, equipment, maintenance, repairs, parts and supplies and all other hauling costs.

a. Since the City has a tonnage flow commitments to the Simi Valley Landfill the haul rate to this landfill is important to the City. This agreement is for supplemental hauling services. The City does not guarantee that City will request Contractor to haul any minimum or maximum amount of solid waste tons.
b. If during the term of the Agreement City designates a landfill or facility not identified in the Agreement, Contractor shall provide City its rate per ton hauled to that landfill.

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EXHIBIT A-1
Del Norte Regional Recycling and Transfer
Station Transfer Vehicle Loading Procedure

1. SCOPE:

This procedure will outline the steps necessary to safely load transfer vehicles.

Compliance with this procedure is mandatory. Failure to follow the steps in this procedure may result in injury and/or result in disciplinary action up to termination.

2. OBJECTIVES:

1. Safely load transfer vehicles

2. Standardize radio communications between Dispatch, loaders, spotters , and transfer vehicles.

3. Minimize safe loading times. TPR Section 6.0 page 16.

4. Set rules of conduct between Dispatch, loaders, spotters , and transfer personnel.

5. Safely maximize transfer vehicle weight to ensure minimum truck trips and reduce carbon emissions.

3. PROCEDURE:

1. All personnel entering the MRF facility will be required to wear hard hats, safety- vests and safety glasses, gloves , and safety footwear. Spotters will be required to wear flashing LED safety vests. Other staff may be required to wear additional safety equipment at the discretion of Management.

2. Non-essential radio conversation will be strictly avoided.

3. No individual may enter the port tunnels unless both ports are covered.

The only exception to this being an emergency.

4. All other employees or individuals working on location will be required to wear a hard hat, safety vest, safety glasses, gloves, and safety footwear.

5. All vehicles will strictly adhere to the 15 MPH or less speed limit at all times.

6. Prior to entering the port tunnels transfers will proceed to the designated area marked “STOP” at the entrance of tunnel.

7. ALL dr
ivers expecting to enter the port tunnel will stop their trucks before the “STOP” sign located at entrance of tunnel.

8. Transfers will park to the far right of the lane in single file and leave left l
ane clear.

9. Upon reaching the “STOP” sign, transfers will report to Dispatch via radio and provide their truck I.D. number and full name.

10. Transfers will then inform Dispatch their readiness to enter the port tunnel and wait for instructions. No transfer truck may proceed until given permission from Dispatch.

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11. Di
spatch will be expected to update transfer drivers of status changes to loading trucks waiting in line. Transfer drivers will comply with any changes.

12. Contractor/Green Waste Transfer trucks will be allowed to pull up to the “STOP” sign on the left lane only when instructed by Dispatch and wait for instructions before entering port tunnel.

13. Dispatch will verbally acknowledge all communications requested by transfer drivers.

14. Communications between transfer drivers, loaders and Dispatch shall remain professional, courteous and to the point. A clear, uninterrupted line of communication shall be maintained at all times whenever possible.

15. Whenever a concern or disagreement arises as to dispatching, a phone conversation shall take place with Dispatch supervisor instead.

16. While vehicle is under port tunnels, Dispatch will use full name of transfer driver and vehicle ID to communicate.

17. Transfers will only enter the tunnel when material to be loaded is ready and transfer driver has received verbal confirmation from Dispatch. Clean wood or green waste will only be loaded in designated vehicles.

18. Dispatch will decide and inform transfers drivers the type of material to be loaded. This determination is based upon operational needs. Dispatch will make the final decision as to who will enter the tunnel and what loads will take precedent.

19. Upon entering port tunnels, transfers drivers will adhere to ALL v erbal
instructions provided by Dispatch.

20. When staged and properly aligned, transfer driver shall set both tractor and t
railer airbrakes prior to loading. Transfer driver will verbally confirm to Dispatch that brakes have been set.

21. Dispatch will verbally verify truck-port alignment and verbally confirm with transfer driver that alignment is set.

22. Transfer drivers shall remain inside their vehicles at all times while parked under tunnel for safety reasons. The only exception to this being an emergency. If transfer driver has to leave the truck due to an emergency, they will verbally notify Dispatch that they are leaving the vehicle if it is feasible to do so.

23. Loading time shall only start after RED light is turned on. Dispatch will verbally confirm when loading will commence.

24. After truck is loaded, Dispatch will verbally confirm that loading is complete and switch on a GREEN light.

25. Dispatch will then verbally contact transfer driver via radio and acknowledge that vehicle can exit from port tunnel. Dispatch will also verbally contact transfer driver if potential hazards exist with material loaded; ie: overweight, wood sticking out, etc.

26. Transfer driver may not move until both a GREEN light and verbal permission have been received by Dispatch. Transfer must verbally respond and acknowledge with Dispatch before moving truck.

27. If there is a loss of power to premises, Dispatch will confirm and verify all instructions step-by-step and will guide the transfer driver to move the vehicle from under port tunnel back to main staging area.

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28. No one
, including Spotters, shall be assigned to manually clear any remaining debris that may be protruding from the truck while trucks are under the ports tunnels.

29. Should load leveling be required, transfer drivers shall drive to a flat surface area, inspect load, tarp and call Dispatch for added assistance when needed.

30. Trucks shall not be permitted to stop at the exit incline for load inspection or tarping.

31. Dispatch supervisor will make the decision to assign the task of clearing top of trailer.

4. SPOT
TER / SAFETY REQUIREMENTS AT TIPPING AREA:

1. All personnel entering the MRF facility will be required to wear hard hats, safety- vests and safety glasses, gloves and safety footwear. Spotters will be required to wear flashing LED safety vests. Other staff may be required to wear additional safety equipment at the discretion of Management.

2. Spotter shall NOT a pproach or be near the loading ports while loader is active and running.

3. Dispatch will instruct loader operator to park, turn off and exit loader w
henever personnel such as a spotter may need to work near any loading port. Loader will acknowledge and confirm by radio.

4. Spotter will ONLY approach or be near the loading ports if loader is safely parked, turned off and no one is inside the cabin.

5. Spotter will NOT walk adjacent to open ports unless covers are fully in place.

6. A plastic chain attached to portable stands shall be posted near tunnel ports but not closer than 72” (6 feet) whenever ports are not covered (Per Transfer Processing Report).

7. Spotter will maintain visual and radio contact with Dispatch.

8. Spotters directing vehicle traffic inside the MRF area shall use LED wands to direct traffic.

9. Spotters shall never walk adjacent or look into the loading ports to access the tops of trailers.

10. Clearing and adjusting the objects that may be protruding from above the top rails of truck while under the loading ports shall NOT be done by anyone whether they are using extension tools or not.

11. No one shall be permitted under the tunnel ports unless the tunnel port covers are fully set in place and permission to do so has been granted by Dispatcher or Dispatch supervisor.

12. All personnel entering the port tunnels to clean, sweep or clear area of debris shall first receive radio clearance from Dispatch to do so before AND after completing any tasks underneath tunnels.

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5. MATERIALS:

1. None.

EQU
IPMENT:

1. Portable UHF or VHF radios.

2. Hard Hats.

3. Safety Glasses.

4. Standard Safety-vests.

5. LED Safety-vests.

6. LED wands.

7. Gloves.

8. DOCUMENTATION:

1. Copies of this Transfer Vehicle Loading Procedure are to be placed in the Environmental Resources Division Illness and Injury Prevention Plan, in the Driver Break Room, and at the Dispatch Control Room.

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EXHI
BIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and J.I. Gandara Transport)

SCHEDULE OF COMPENSATION

Contractor shall furnish all labor, materials, supplies and equipment, and perform operations necessar y to complete the Services. Contractor shall provide minimum tonnage per load and cost per ton hauled.

ITEM
NO.

SUPPLEMENT SUPPLEMENTAL WASTE TRANSFER

HAUL SERVICE
Rate Per Ton
Haul

1 Simi Valley Landfill 20 tons minimum per load 2801
Madera Road, Simi Valley, CA 93065 (municipal solid
waste)

$11.95

2 Toland Road Landfill 20 tons minimum per load 3500
Toland Road, Santa Paula, CA 93060 (municipal solid
waste)

$11.95

3 Agromin Organics Recycling at Limoneira Farms 19 tons minimum 12390 Telegraph Road, Santa Paula, CA
93060 (yard trimmings)

$12.00

4 Agromin Organics Recycling at Simi Valley Landfill 15 tons minimum 2801 Madera Road, Simi Valley, CA 93065
(Wood waste)

$11.95

5 Chiquita Canyon Landfill 20 tons minimum per load 29201 Mayo Drive, Castaic, CA 91384 (municipal solid waste)

$ 18.00

The average load shall be determined from the loads hauled by Contractor to each landfill on a quarterly basis per every three consecutive calendar months beginning on July 1, 2024. If the quarterly period average load is determined to be less than 20 tons per load (municipal solid waste) at the designated landfill then City shall pay Contractor the tonnage difference between the shortfall and average load based on the rates per landfill as specified in Exhibit A of this solicitation. For example, if the Contractor hauled 50 loads to the Simi Valley Landfill that totaled 950 tons of solid waste for an average of 19 tons per load in a calendar quarter period then the City is responsible for pay ing the Contractor the tonnage shortfall difference of 50 tons at $11.95 per ton for a payment of $239.00.

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EX

HIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and J.I. Gandara Transport)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE
PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document
Exhibit INS-I

INSURANCE REQUIREMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS WITH CONTRACTORS POLLUTION LIABILITY)

1. Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the sale and delivery, installation or maintenance of products by vendor, its agents, representatives, or employees.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”

c. Contractors Pollution Liability and Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant.

2. Vendor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -I. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

3. Vendor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Vendor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of vendor; products and completed operations of vendor; premises owned, occupied or used by vendor; or automobiles owned, leased, hired or borrowed by vendor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and Agreement 32400334

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552
volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS- I or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have a gainst the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exh ibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-I.doc

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SAMPL

ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD INDICATED, NOTWITHSTANDING

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000

OTHER
Contractors Pollution Liability and Contractors Pollution Errors & Omissions PER CLAIM / OCCURRENCE $2,000,000
GENERAL AGGREGATE $2,000,000

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS

CERTIFICATE HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE TH
EREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE

CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

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555

GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:

Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)

NAMED INSURED

APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE

Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE

AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as br oad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive , alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

I ( print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)

Telephone: ( ) Date Signed

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556

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE
(MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED

APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed
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EX

HIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and J.I. Gandara Transport, Inc.)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit.

While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. SERVICE PROVIDER agrees to post, at a location readily access ible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fin e of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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CIT

Y OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023

SERVICE PROVIDER shall compensate any employee of SERVICE P ROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 202 4, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982- 84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.

b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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559

EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and J.I. Gandara Transport, Inc.)

PREVAILING WAGE

1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.

3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations.

Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program.

Within 60 days after concluding the Project, SERVICE PROVIDER and each of its Agreement 32400334

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560
subc
ontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.

8. SERVICE PROVIDER is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.

10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of Agreement 32400334

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561
wag
es, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.

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EX

HIBIT F

TRADE SERVICES AGREEMENT
(CITY of Oxnard and J.I. Gandara Transport, Inc.)

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE

AGREEMENT)
Public Contract Code Sections 2202-2208

Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or servi ces in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision
(b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): Federal ID Number (or n/a):

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of

OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

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Company Name/Financial Institution (printed): Federal ID Number (or n/a):

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of

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Agreement 32400334 for Supplemental Waste
Transfer Hauling Services for the Del Norte Regional
Recycling and Transfer Station
Public Works and Transportation Committee
January 23, 2024
City Council, February 20, 2024
Eric Zetz
Environmental Resources Division Manager
565
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute an Agreement with J I Gandara Transport for an amount not to exceed $5,000,000 for an initial
one-year term, with an option to extend for two additional one-year terms; ending March 1, 2027, to provide
supplemental waste transfer hauling services for the Del Norte Regional Recycling and Transfer Station.

Recommendation 2
566
That the City Council approve and authorize the Mayor to execute an Agreement with J I Gandara Transport for an
amount not to exceed $5,000,000 for an initial one-year term, with an option to extend for two additional one-year terms; ending March 1, 2027, to provide supplemental waste
transfer hauling services for the Del Norte Regional
Recycling and Transfer Station.

Recommendation 3
567
Since the opening of the Del Norte Regional Recycling
and Transfer Station in 1996, the Environmental
Resources Division has operated with an internal
transfer fleet and contracted with outside firms to provide supplemental waste transfer hauling services.

BACKGROUND 4
568
Internal Transfer Fleet
• Necessary control of staff and vehicles to ensure permit mandates to transfer waste daily
• Up to 195,000 tons per year
Supplemental Hauler - Backup for:
• Fluctuations in waste stream
• ER staff shortages and recruitment cycle
• Limited availability of City vehicles due to maintenance • Up to 100,000 tons per year
BACKGROUND 5
569
• Most efficient and cost-effective means of complying with State permit mandates
• Balance ensures City can continue to operate in most
circumstances
• Consistent with industry standards
BACKGROUND 6
570
Solid Waste
City currently contracts with Waste Management of California, Inc. for solid waste disposal at the Simi Valley Landfill.

Organics (greenwaste)
City currently contracts with Agromin Organics Recycling to receive and process organics (greenwaste) at two locations:
• Limoneira Farms in Santa Paula
• Simi Valley Landfill in Simi Valley
BACKGROUND 7
571
November 14, 2023: City issued a Request for Bid (RFB
#ER 24-34) to solicit supplemental waste transfer hauling services
• RFB was sent to 12 firms
• Posted on the City’s website and
www.publicpurchase.com
DISCUSSION 8
572
• By December 11, 2023 RFB deadline, City received
four (4) qualified bids:

1. J I Gandara Transport (Gandara Transport)

2. Ecology Auto Parts, Inc.

3. Eco Transport, LLC

4. American Reclamation
• The bids presented pricing to destinations that ER
transfers waste or organic material
• The Toland Road Landfill and the Chiquita Canyon
Landfill were included in the RFB in case of fire or event closing to the Simi Valley Landfill
• J I Gandara Transport was the lowest, responsive
bidder
DISCUSSION 9
573
RFB ER 24-34 summary:

Table 1
DISCUSSION 10
Destination J I Gandara
Transport
Ecology Auto Parts,
Inc.

Eco Transport,
LLC
American
Reclamation
Simi Valley Landfill, 2801
Madera Road, Simi Valley,
CA 93065
$11.95 $12.68 $13.95 $27.95
Toland Road Landfill, 3500
Toland Road, Santa Paula,
CA 93060
$11.95 $12.22 $16.50 $28.80
Agromin Organics Recycling
at Limoneira Farms, 12390
Telegraph Road, Santa
Paula, CA 93060
$12.00 $12.68 $12.95 $23.04
Agromin Organics Recycling
at Simi Valley Landfill, 2801
Madera Road, Simi Valley,
CA 93065
$11.95 $12.68 $15.95 $27.95
Chiquita Canyon Landfill,
29201 Mayo Drive, Castaic,
CA 91384
$18.00 $15.82 $18.00 $28.80
Total $65.85 $66.08 $77.35 $136.54
574
● Based on bid results, staff is recommending J I Gandara Transport
● J I Gandara Transport meets all required City contractual provisions including possession of a City business tax
certificate, insurance certificates and corporate filing with the California Secretary of State
DISCUSSION 11
575
• Total value of Agreement is $5,000,000 through March 1, 2027
• Spending plan for remainder of FY 2023-24 is available in the Environmental Resources Operating Fund
• Funding for subsequent fiscal years will be requested during the annual budget process
FINANCIAL IMPACT 12
576

QUESTIONS
13 577

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. I.6

DATE: February 20, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Ratification of a Grant Application to the Outdoor Recreation Legacy Partnership Grant Program for the Campus Park Project. (10 minutes)

RECOMMENDATION

That the City Council approve the:

1. Ratification of the submission of a grant application to the Outdoor Recreation Legacy Partnership Grant Program for the Campus Park Activation Support project in an amount not to exceed $7,000,000 with a 1:1 match required coming from state grant funds in the Campus Park Activation Project (Phase 1, Project C2104);

2. City Manager or designee to execute grant agreements;

3. Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and

4. Public Works Director or designee to submit non-financial reports.

(This item did not originate in Committee as it is for a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/IV8bjk2fWC8

BACKGROUND

The Outdoor Recreation Legacy Partnership (ORLP) Program is a National Park Service (NPS) grant program. The ORLP grant involves two competitive layers. First, the California Department of Parks and Recreation's Office of Grants and Local Services (OGALS) competitively reviews applications. Second, OGALS forwards selected applications to NPS to compete in the nationwide competition.

The purpose of the ORLP program is to provide new or significantly improved recreation opportunities in urban, disadvantaged communities. The program currently prioritizes the selection of projects that integrate nature-based projects where nature is a major element of, or strongly supports, the proposed recreational activity. The ORLP program requires a 1:1 match.

The project selected to be applied for is to supplement funding available for Campus Park’s Phase 1. The design of the Campus Park project has been delineated into three phases, to include Phase 1, which is the activation part of the project.

The park improvements and design includes two additional phases, which add certain community-requested elements such as restrooms, a new dog park, a community orchard, a cultural garden, community garden amenities, a multi-use field/meadow, additional landscaping, and other amenities and support items related to these elements.

DISCUSSION

578
The City received the grant award for Phase 1 of the Campus Park project on May 8, 2020. Phase 1 of the Campus Park project is in the final stages of the design phase and roughly 90% complete. Unfortunately, since the Phase 1 grant application was submitted in 2019, construction costs have escalated. Additionally, the lack of qualified applicants for engineering and project manager positions over several years impacted the ability to hire staff to move the large number of CIP projects forward, including the Campus Park project. With this challenge and the fact that extended research and analysis was needed due to the estimated construction cost increases, the Campus Park project schedule has been impacted. These cost increases required additional design iterations that were necessary in order to reduce construction costs, but which also further lengthened the design timeline.

The current estimate for all of the elements requested by the Community in Phase 1 is $11,215,000, with only $6,700,000 remaining on the original grant after funding the planning and design phase. To address this, staff is looking at all opportunities to fully fund this project to deliver the expected elements of the park. It should be noted that the City received additional grants awards for Phase 2 elements (including additional funding for landscaping, the multi-use field/meadow, the cultural garden, the dog park area’s landscaping, and the community orchard) and Phase 3 elements (including additional funding for trails, dog park amenities, lighting, shade structures, community garden amenities, educational signage, a public restroom, and landscaping), which cannot be used for Phase 1 elements.

The new grant opportunity was released on November 29th, 2023. As the grant program requires 1:1 non-federal match, this limited potential project applications to those park projects with committed and non-federal funding. The grant program also limits project applications to those in designated disadvantaged communities. Several projects were initially considered, including obtaining additional funding for the La Colonia Skate Park project. However, the timeline of the La Colonia Skate Park project does not fit with the timeline of the ORLP grant program. Due to this, Campus Park was selected as the site that meets the grant criteria and is relatively competitive. The timeline of the Campus Park project can also be adjusted to fit within the timeline of the ORLP grant program. Staff recommends that the ORLP funding be sought to supplement the budget available for Phase 1 of Campus Park’s development (the Campus Park Activation Project).

The ORLP program, which is federally funded and involves an initial application to the State, has a long foreperiod before a grant agreement is executed on awarded projects. If the City is awarded the grant, the grant agreement would likely not be executed until Spring/Summer of 2025, after the National Environmental Policy Act (NEPA) and Section 106 (the National Historic Preservation Act) requirements are completed in coordination with the National Parks Service, and the project wouldn’t be able to start until then. At present, construction for previously funded Phase 1 elements is anticipated to begin in late calendar year 2024. If the ORLP grant is not awarded, the City will know by November of 2024, and the previous grant’s construction could begin shortly thereafter, subject to finding additional funding. If the grant is awarded, then construction would not be able to start until NEPA and Section 106 requirements are complete, which is expected to be in the Spring/Summer of 2025. Since the construction for Phase 1 of Campus Park is currently scheduled to begin in late calendar year 2024, if the ORLP grant is awarded, then it would possibly delay the Phase 1 construction start date by six months. The deadline to expend grant funds previously received by the City for Phase 1 of this project was extended to December 31, 2027.

Estimated Timeline:

1. The grant application is submitted to the State before January 31, 2024.

2. State notifies the City regarding if the application will compete nationally or not (March 2024).

3. Section 106 and NEPA are initiated by the City, at the City's own cost of approximately $50,000 (March 2024 in order to minimize grant agreement delay if awarded).

4. Spring 2024: Full application is submitted to NPS.

5. November 2024: The grant award is announced by NPS.

6. Section 106 and NEPA are completed (~Spring 2025 at the earliest (typically takes up to one year for NPS to review)).

7. A grant agreement is executed (Spring/Summer 2025).

8. Summer 2025: Construction is initiated on Campus Park's Phase 1. The previously awarded Phase 1 construction funding will be used as a match (not to exceed $7M from Project C2104).

9. Note that if the grant agreement execution is delayed, there is the option that construction may begin once an award is announced and Section 106/NEPA is complete. A waiver of retroactivity will need to be requested once Section 106/NEPA is complete.
579

The initial grant application was due January 31, 2024. Due to the required 1:1 match and impacts to existing project timelines, staff discussions were required to clarify the project and the scope. Initially, it was thought that the impact on potential projects' timelines was too significant, but after further analysis staff recommends pursuing the funding to supplement Campus Park’s Phase 1 construction. The grant opportunity was released November 29, 2023, limiting the time available to get on a Council agenda after the decision to apply was made.

The Public Works Director, in coordination with the City Manager, approved applying for the grant prior to Council approval as it represents a significant opportunity to match existing grant funding for the Campus Park Phase 1 project.

The grant application focuses on adding additional funding to support the Phase 1 creation of new green spaces, natural landscapes, and tree cover in the park, along with several of the recreation features that are part of Phase 1 that are in need of additional funding. If the project is funded by the ORLP grant, the Phase 1 recreation features that would be supported with additional funding include the community garden, trails, landscaping, multi-use field/meadow, basketball courts, pelota mixteca court, lighting, stormwater benefits, and bicycle pump track.

If the ORLP grant is awarded, the project site is required by NPS to be owned by the City of Oxnard and remain for outdoor recreation in perpetuity. If the ORLP grant is not awarded, staff will continue to research other funding opportunities to fill the gap for construction based upon the current construction cost estimate. It should be noted that having NEPA clearance for this project, regardless if the ORLP grant moves forward, will allow for submission of this project for other Federal grants.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

If awarded, the ORLP grant program funds will be recognized and appropriated to the Federal Grant Fund (200) for an amount not to exceed $7M. The 1:1 match of up to $7M will come from previously appropriated State grant funds budgeted for the Campus Park Activation Project (Phase 1, Project C2104). No additional operating and maintenance costs are expected, as the grant would only supplement existing funds and not expand amenities. If the grant proposal makes it through the first stage of review by the State, the approximate cost for completing NEPA and Section 106 is estimated to be $50,000 and will be funded through the existing Public Works Engineering operating budget.

COMMITTEE OUTCOME

This item did not originate in Committee as this is for a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.

Prepared by: Eric Humel, Grants Specialist

ATTACHMENTS

1. Presentation

580
Ratification of a Grant Application to the Outdoor Recreation Legacy Partnership Grant Program for the Campus Park Project City Council
February 20, 2024
Eric Humel, Grants Coordinator
Public Works Department
581
That the City Council approve the:

2. City Manager or designee to execute grant agreements;

3. Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and

4. Public Works Director or designee to submit non-financial reports.

RECOMMENDATION 2
582
• The ORLP grant is a program of the National Park Service (NPS) • The purpose of the ORLP program is to provide new or significantly improved recreation opportunities in urban, disadvantaged communities
• The program currently prioritizes the selection of projects that integrate nature-based projects where nature is a major element of, or strongly supports, the proposed recreational activity • The ORLP program requires a 1:1 match
BACKGROUND 3
Outdoor Recreation Legacy
Partnership Program Grant
(ORLP)
583
• The project selected to be applied for is to supplement funding available for Campus Park’s Phase 1
• The design of the Campus Park project has been delineated into three phases, to include Phase 1, which is the activation part of the project • The park improvements and design includes two additional phases, which add certain community-requested elements such as:
• public restrooms
• a new dog park
• a community orchard
• a cultural garden
• community garden amenities
• a multi-use field/meadow
• additional landscaping and other amenities and support items related to these elements
4BACKGROUND
584
• Phase 1 is currently finishing up design, at 90% design • The Phase 1 grant was submitted in 2019, the project has had delays due to staffing challenges, and costs have escalated due to the delays
• These cost increases required additional design iterations that were necessary in order to reduce construction costs, but which also further lengthened the design timeline
• The current cost for Phase 1 construction is $11.2M, with only $6.7M remaining for construction
• Staff is currently looking at all opportunities to fund this gap • The City has received additional grant awards for Phase 2 and Phase 3 elements
5DISCUSSION
585
• Projects require 1:1 non-federal match
• Projects must be located in disadvantaged communities • While the program will announce awards in November 2024, a grant agreement won’t be executed until Spring/Summer 2025 • Phase 1 elements, currently in design and funded by a State grant, will be used as the 1:1 match
• Construction for previously funded Phase 1 funding is currently estimated to begin in late 2024
• If the ORLP grant is awarded, then Phase 1 construction may be delayed by 6 months, and will require NEPA and Section 106 compliance which is estimated to cost $50,000
• If the ORLP grant is not awarded, then the City will know by November of 2024, and the Phase 1 construction could begin shortly thereafter, on schedule
DISCUSSION 6
586
• The grant opportunity was released November 29, 2023, and the initial grant application was due January 31, 2024
• The Public Works Director and City Manager approved applying for the grant prior to Council approval as it represents a significant opportunity to match existing grant funding for the existing Campus Park Phase 1 project
• The Phase 1 scope that the ORLP grant is proposed to support include the following:
• community garden
• trails
• landscaping
• multi-use field/meadow
• basketball courts
• pelota mixteca court
• lighting
• stormwater benefits
• bicycle pump track

DISCUSSION
587
• If the ORLP grant is awarded, the project site is required by NPS to be owned by the City of Oxnard and remain for outdoor recreation in perpetuity.
• If the ORLP grant is not awarded, staff will continue to research other funding opportunities to fill the gap for construction based upon the current construction cost estimate.
• It should be noted that having NEPA clearance for this project, regardless if the ORLP grant moves forward, will allow for submission of this project for other Federal grants.

DISCUSSION 8
588
DISCUSSION 9
589
• If awarded, the ORLP grant program funds will be recognized and appropriated to the Federal Grant Fund (200) up to $7M • The match of up to $7M will come from previously
appropriated State grant funds budgeted for the Campus
Park Activation Project (Phase 1, Project C2104)
• No additional O&M costs are expected, as the grant would only supplement existing funds and not expand amenities • If the grant proposal makes it through the first stage of review by the State, the costs for completing NEPA and
Section 106 is estimated to be $50,000
FINANCIAL IMPACT 10
590

QUESTIONS
11 591

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. I.7

DATE: February 20, 2024

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Resolution for Ratification of Grant Application for California Extended Water and Wastewater Arrearage Program. (10 minutes)

RECOMMENDATION

That the City Council:

1. Adopt a resolution that ratifies the submittal of a grant application and acceptance of a grant award from the California Water and Wastewater Arrearage Payment Program in the amount of $199,850.61 for delinquent water charges and $197,163.63 for delinquent wastewater charges related to COVID-19, which includes 3% administrative costs; and

2. Authorize the City Manager to execute grant agreements; the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; the Director of Public Works or designee to submit non-financial reports.

(This item did not originate in Committee as this is an extension of a grant previously approved by City Council.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/OeGh2- mAVuo

BACKGROUND

The COVID-19 public health emergency has heavily impacted the financial well-being of many Oxnard residents and businesses. The State Water Resources Control Board (SWRCB) created a short-term funding program, the California Water and Wastewater Arrearage Payment Program (CWWAPP). This program is federally funded with $985 million authorized by the American Rescue Plan Act of 2021 (ARPA). ARPA funding has been allocated by the State legislature to the SWRCB, to provide one-time relief to community water and wastewater systems for unpaid water and wastewater bill debt related to the COVID-19 pandemic. Pursuant to meeting specific program requirements, this funding will cover water and wastewater utility bill debt for specific residential and commercial customers accrued during the COVID-19 relief period from June 16, 2021, through December 31, 2022, as determined by the State. A grant match is not required from the City.

On March 15, 2022, Council adopted Resolution 15,547 in which the City applied for arrearage funds in the amounts of $1,258,764.85 for Water and $848,092.67 for Wastewater under this program, which covered debt from March 4, 2020, through June 15, 2021. Out of the $1,258,764.85 that was received for Water arrearages, $1,026,077.08 was applied to customer accounts and $232,687.77 was returned to the State. Similarly, out of the $848,092.67 that was received for the wastewater arrearages, $808,311.32 was applied to customer accounts and $39,781.35 was returned to the State. Unspent returned funds consisted of unused administrative costs and arrearages that were paid by utility customers after the City applied for the funding.

DISCUSSION
592

In November 2023, SWRCB began accepting applications for the extended arrearage program, with a deadline of January 31, 2024. The application required data from water and wastewater systems that provided information on customer arrearages for the COVID-19 relief period. City staff worked diligently to gather the data required in order to submit the application as soon as possible, thus increasing the chances of receiving any funding. After applying the State’s requirements for eligibility, the following accounts were determined to have a past-due balance from the qualifying period of June 16, 2021 through December 31, 2022:

Qualifying Period: June 16, 2021 - December 31, 2022

Commercial
Accounts in
Arrears
Residential
Accounts in
Arrears
Commercial

Arrears
Residential
Arrears
Admin
Costs
(50/50
split) TOTAL
Water 36 513 $32,392.97 $161,675.88 $5,781.76 $199,850.61 Wastewater 41 508 $38,501.19 $152,880.68 $5,781.76 $197,163.63 TOTAL 77 1,021 $70,894.16 $314,556.56 $11,563.52 $397,014.24

The grant application was due January 31, 2024 and was submitted by City staff on January 30, 2024. Due to the required utility billing account analysis by City staff, time was needed to determine if the City met applicable arrearage criteria.

The City was made aware of this extended grant opportunity on December 6, 2023, with an original release date of November 1, 2023. Subsequently, there was limited time available to get on a Council agenda after the analysis was provided. A City match is not required for this grant and there will be no obligation for additional staffing, or maintenance costs. This grant will result in additional City labor costs to implement the debt forgiveness, which will be reimbursed under the grant administrative costs.

Additionally, the City’s new grant policy (Resolution 15,748) does not require a resolution to submit grant applications; however, the Public Works department is electing to issue a new resolution for this grant application in an effort to be consistent with the previous grant resolution.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The requested application amount for a total amount of $397,014.24, which includes a 3% for administrative costs (split 50/50 between Water and Wastewater funds), will be used to reduce outstanding balances for delinquent water ($199,850.61) and wastewater ($197,163.63) arrearages for customers that meet the State’s specific eligibility requirements. There is no local match required. Grant funding will be appropriated upon award notification in the State Fund (210) (Project Nos. G24xx/666001 and G24xx/776602); however, funding is not guaranteed.

COMMITTEE OUTCOME

This item did not originate in Committee as this is an extension of a grant previously approved by City Council.

Prepared by: Luis Ortega, Management Analyst

ATTACHMENTS
593

1. Resolution_ Arrearages Grant

2. Resolution No.15,547

3. March 15, 2022 Staff Report

4. Presentation

594

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF OXNARD RATIFYING THE SUBMITTAL OF A GRANT

APPLICATION AND APPROVING THE ACCEPTANCE OF

A GRANT AWARD FROM THE CALIFORNIA WATER

AND WASTEWATER ARREARAGE PAYMENT

PROGRAM
WHEREAS, Oxnard City Council Resolution No. 15,748 sets out the procedure by which City staff may submit grant applications, following approval by resolution of the City Council; and
WHEREAS, on March 15, 2022, Oxnard City Council adopted Resolution No. 15,547, which authorized the approval of the submittal of an application to the California State Water Resources Control Board for an amount not to exceed $1,258,764.85 in Water Arrearages Payment Program funds to be used for outstanding delinquent water charges from March 4, 2020 to June 15, 2021; and
WHEREAS, on March 15, 2022, Oxnard City Council adopted Resolution No. 15,547, which authorized the approval of the submittal of an application to the California State Water Resources Control Board for an amount not to exceed $848,092.67 in Wastewater Arrearages Payment Program funds to be used for outstanding delinquent water charges from March 4, 2020 to June 15, 2021.

WHEREAS, on November 1, 2023, the State re-opened and extended the Water and Wastewater Arrearages Payment Program and began accepting applications for the extended program, with a submission deadline of January 31, 2024. The application required data from water and wastewater systems that provided information on customer arrearages for the COVID-19 relief period.

WHEREAS, due to time constraints from the date Staff was aware of the re-opening of the State Program, Staff from the Public Works Department submitted an application for the re-opened program on January 30, 2024, to ensure meeting the program’s stated deadlines and providing an opportunity for Oxnard utility customers to be eligible for funding.

WHEREAS, the Public Works Department has requested that the City Council ratify the submittal of an application to the California State Water Resources Control Board for an amount 595
Resolution No.

GRANT APPLICATION AND ACCEPTANCE OF A GRANT AWARD FROM THE CALIFORNIA

WATER AND WASTEWATER ARREARAGE PAYMENT PROGRAM

Page 2 ends

not to exceed $199,850.61 in Water Arrearages Payment Program funds to be used for outstanding delinquent water charges from June 16, 2021, to December 31, 2022.

WHEREAS, the Public Works Department has requested that City Council ratify the submittal of an application to the California State Water Resources Control Board for an amount not to exceed $197,163.63 in Wastewater Arrearages Payment Program funds to be used for outstanding delinquent wastewater charges from June 16, 2021, to December 31, 2022.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to ratify the submittal of a grant application and approve the acceptance of a grant award by the City Manager to the California State Water Resources Control Board for the purpose of obtaining grant funding for water and wastewater customer arrearages. The City Council further resolves that the City Manager or designee is authorized to execute grant agreements; the Finance Director or designee is authorized to submit financial reports and grant claims and approve special budget appropriations for the use of grant funds; and the Director of Public Works or designee is authorized to submit non-financial reports.

PASSED AND ADOPTED THIS 20th day of February, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ____________________________ Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 596
597

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6

DATE: March 15, 2022

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Resolution for a Grant from California Water and Wastewater Arrearage Payment Program.

RECOMMENDATION

That the City Council adopt a resolution authorizing the City Manager or designee to:

1. Accept a grant from the California Water and Wastewater Arrearage Payment Program in the amount of $1,258,764.85 for delinquent water charges related to COVID-19;

2. Apply for a grant from the California Water and Wastewater Arrearage Payment Program in the amount of $848,092.67 for delinquent wastewater charges related to COVID-19; and

3. Execute grant agreements; the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; the Director of Public Works or designee to submit non-financial reports.
(This item did not originate in Committee.)

BACKGROUND

The COVID-19 public health emergency has heavily impacted the financial well-being of many Oxnard residents and businesses. The State Water Resources Control Board (SWRCB) created a new short-term funding program, the California Water and Wastewater Arrearage Payment Program (CWWAPP). This program was funded with $985 million in federal funding authorized by the American Rescue Plan Act of 2021 (ARPA). ARPA funding has been allocated by the State legislature to the SWRCB, to provide one-time relief to community water and wastewater systems for unpaid water and wastewater bill debt related to the pandemic. Pursuant to meeting specific program requirements, this funding will cover utility bill debt for specific residential and commercial customers accrued during the COVID-19 relief period from March 4, 2020 to June 15, 2021, as determined by the State. A grant match is not required from the City.

DISCUSSION
In early September 2021, SWRCB began accepting pre-applications for the CWWAPP. The pre-application required data from water systems that provided information on water customer arrearages for the COVID-19 relief period. City staff worked diligently to gather the data required in order to submit the pre-application as early as possible, thus increasing the chances of receiving any funding. After applying the State’s requirements for eligibility, it was determined that 2,545 residential accounts with past-due water bills of $1,052,038.27 and 163 commercial accounts with past-due water bills of $170,063.53, for a total of $1,222,101.80 were eligible for funding relief from the CWWAPP. The pre-application was submitted on the SWRCB’s Electronic Annual Reporting System on September 10, 2021.

On October 27, 2021, the SWRCB notified the City that applications for water arrearages funding were now being accepted from water systems that had submitted the pre-application. 598
On January 4, 2022, SWRCB notified the City that it was awarded the full amount of $1,222,101.80 plus an additional $36,663.05 for administrative costs for a total award of $1,258,764.85. The check arrived by the end of January and was deposited on February 2, 2022. The relief program requires water systems to distribute the funds as a credit to water customers within 60 days of receiving funds, which is April 3, 2022. Additionally, the City must notify recipients in writing the amount to be credited on their water bill. Customers do not need to repay any credits they receive. The City is required to return any remaining, unallocated funds not credited to customers and unused administrative cost funds within six months of receipt along with final reporting requirements.

It is unlikely that all water arrearages will be covered by this funding due to the limited relief period established by the SWRCB. As a result, the City will continue to work with customers with arrearages to set up payment plans. The City currently does not shut off water service on any account due to the pandemic.

Deadlines from SWRCB provided a very short window of time for the pre-application, application, notification to the customer, and then the distribution of the funds to customer accounts. In order to meet the deadline requirements, the necessary information was submitted to the State within the timeframes required. This staff report recommends approving the receipt of the water funding associated with the prior submittal.

Additional funding in the program has been made available for wastewater arrearages. As of February 1, 2022, pre- applications were being accepted by the SWRCB for residential and commercial wastewater arrearages. City staff calculated 1,603 residential accounts with arrearages totaling $733,255.32 and 91 commercial accounts with arrearages totaling $90,135.62. Staff intends to submit all required documentation to receive additional funding estimated at $823,390.94 for wastewater arrearages and $24,701.73 for administrative costs for a total of $848,092.67 in CWWAPP funding. Staff recommends submitting documents necessary for the wastewater funding.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The awarded amount of $1,258,764.85, which includes 3% for administrative costs, will be used to reduce outstanding balances for delinquent water charges for customers that meet the State’s specific eligibility requirements. A new appropriation is required in the amount of $1,258,764.85 in State Grant Fund 219 Project 666001 to properly record the revenue and expenditures for this grant award.

The requested application amount of $848,092.67, which includes 3% for administrative costs, will be used to reduce outstanding balances for delinquent wastewater charges for customers that meet the State’s specific eligibility requirements. Grant funding will be appropriated upon award notification.

COMMITTEE OUTCOME

Due to the short timeline given for the grant application process, this item did not originate in Committee.

Prepared by: Omar Castro, Water Division Manager, Jan Hauser, Wastewater Division Manager

ATTACHMENTS

1. Water Arrearages - Resolution
599
Resolution for Ratification of Grant Application for California Extended Water and Wastewater Arrearage Program
City Council
February 20, 2024
Luis Ortega, Sr. Admin Services Analyst
Public Works Department
600
That the City Council:

1. Adopt a resolution that ratifies the submittal of a grant application and acceptance of a grant award from the California Water and Wastewater Arrearage Payment Program in the amount of
$199,850.61 for delinquent water charges and $197,163.63 for delinquent wastewater charges related to COVID-19, which includes 3% administrative costs; and

RECOMMENDATION 2
601
• State Water Resources Control Board created a short-term funding program to provide one-time relief to community water and wastewater systems for unpaid water and wastewater bill debt related to the COVID-19 pandemic
• March 15, 2022: Council adopted Resolution 15,547 for the City to apply for Water and Wastewater arrearages under this program for the period from March 4, 2020 through June 15, 2021
• City was granted $1,258,764.85 for Water and $848,092.67 for Wastewater arrearages under this program
BACKGROUND 3
California Extended Water and Wastewater
Arrearage Program
602
• The State has re-opened and extended this program to allow debt forgiveness requests for the period of June 16, 2021, through December 31,2022
• Applications opened November 1, 2023
• Applications closed January 31, 2024
• The City was notified of this program on December 6, 2023 • Due to the required utility billing account analysis, time was needed to determine if the City met applicable arrearage criteria • After applying the State’s requirements for eligibility, the total amount with past-due balances from the qualifying period plus a 3% administrative costs (split 50/50) is $397,014.24
4DISCUSSION
603
• There was limited time available to get on a Council agenda after the analysis was provided
• The grant application was submitted on January 30, 2024, in an effort to secure grant funding before the January 31, 2024 deadline 5DISCUSSION
Water Wastewater TOTAL
Commercial
Arrears
$32,392.97 $38,501.19 $70,894.16
Residential
Arrears
$161,675.88 $152,880.68 $314,556.56
Admin Costs $5,781.76 $5,781.76 $11,563.52
TOTAL $199,850.61 $197,163.63 $397,014.24
604
• Requested application amount is for a total amount of $397,014.24, which includes a 3% for administrative costs (split 50/50 with Water and Wastewater
• The grant will be used to reduce outstanding balances for delinquent water ($199,850.61) and wastewater ($197,163.63) arrearages for customers that meet the State’s specific eligibility requirements • There is no local match required, or obligation for additional staff or maintenance costs
• Grant funding will be appropriated upon award notification in the State Fund (210)
FINANCIAL IMPACT 6
605

QUESTIONS
7 606

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. I.8

DATE: February 20, 2024

TO: City Council

FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected]

SUBJECT: Approval of One New Ongoing Measure O Project; One New Measure O One-Time Project; and a Scope Expansion (without Funding Change) to One Existing Measure O Project. (10 minutes)

RECOMMENDATION

That the City Council:

1. Approve the following new Measure O project with the associated ongoing funding: Measure O Annual Report Printing - $28,000 annually;

2. Approve the following new Measure O project with associated one-time funding: Radio Infrastructure - $952,720;

3. Authorize a budget appropriation in Fiscal Year 2023-24 in the total amount of $980,720, for the two projects identified above, from the available Measure O (104) fund balance (as well as the corresponding Capital Outlay Fund (301) transfer in and appropriation related to the Radio Infrastructure project); and

4. Approve a scope expansion for the existing Measure O Safe Homes Safe Families project, for which no additional funding is being requested.

(The Measure O Committee approved 8-0 on January 25, 2024 to approve the staff recommendation and to forward the item for Council approval)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/YvBQO52fFy8

BACKGROUND

As of January 10, 2024, Measure O funds a total of 48 active projects: 22 ongoing operational projects, 5 ongoing debt service items, and 21 one-time funded projects. Ongoing funded projects receive a specific amount of funds each fiscal year; if staff does not use all of the funding from that fiscal year, unused funds cannot roll over to the following fiscal year. One-time funded projects receive the approved funding only once and staff expend the funds throughout the course of the project, even if these funds roll over to the next fiscal year. Once the funds are depleted, that project receives no more funding.

DISCUSSION

The two new projects and expansion of scope on an existing project have been identified as urgent priority needs for the City. They are:

1. Measure O Annual Report Printing (ongoing). One of the statutory reporting requirements of Measure O Ordinance No. 2779 is that City staff create and publish a written annual report for the public’s information. This involves a 607
substantial printing cost, as the reports are required to be physically printed and mailed to all households in the City. To date, the annual cost of printing and mailing has been funded by the City’s General Fund. Over the past three years, that’s a total of $23,000 to $25,800 annually. This cost is incurred by Measure O and is thus proposed to be paid by Measure O going forward. City staff propose an ongoing annual allocation of $28,000 in Measure O funds to cover the costs of printing and mailing the Measure O Annual Report, which amount would cover any increases in costs over the next several years. This will be a total of eight years of printing beginning FY2023-24 through FY2030-31 (reports covering audited financials of FY21-22 through FY 28-29) for a grand total of $224,000. Staff is reporting using audited financials, which run nearly two years behind.

2. Radio Infrastructure (one time). Oxnard’s existing radio communications system does not meet the needs of the Police Department. There is a growing number of locations in which radio communications between field resources and the Police Department’s Emergency Communications Center have become “dead spots.” In these locations, radio communications are ineffective, which poses a safety threat to public safety personnel who may be attempting to broadcast critical information or request backup in hazardous situations. The bulk of this $4 million project is being funded by ARPA, and a previous phase of the project received $1 million from Measure O, leaving a one-time expenditure of $952,720 to complete the project.

3. Safe Homes Safe Families (ongoing). Funding currently provides for the salaries of one code compliance inspector, one administrative technician, and support from the City Attorney’s Office to operate the Safe Homes Safe Families program. No new funding is requested; however, staff is requesting use of the existing funding and assigned staff to provide support for additional specialized programs and projects such as Food Vendors, Short Term Rentals, Homeless Encampment Support, Rent Stabilization and Just Cause evictions and activities related to the December 21, 2023, severe storm event and flooding. At the Measure O Citizen Oversight Committee meeting held on January 25, 2024, the Committee recommended that cannabis permits not be included as part of the expanded scope. Staff further proposes a rename of the program to “Safe Homes Safe Families and Specialized Program Support.” The program focuses resources and efforts on existing code compliance cases and will include education, outreach, conducting research, meetings with affected parties, inspections, and enforcement of City codes (exluding cannabis permits).

These three project requests are all vital to the City and needed urgently. There are several other identified needs in the City that have a slightly more forgiving timeline, such as a dispatch communications patch between Fire and Police, a Hazardous Chemical Detector for the Fire Department, and repairs to the PACC Youth Center flooring due to sprinkler system damage. Those requests will be brought to the Measure O Citizen Oversight Committee in April for consideration, and if approved may progress to City Council for consideration as part of the City’s annual budget adoption.

Measure O’s ending fund balance (unassigned reserve) at June 30, 2023, was $17.5 million. The projected ending fund balance at June 30, 2024, is $21.1 million.

STRATEGIC PRIORITIES

This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT

If approved, the two new projects will total $1,176,720 in Measure O funds combined (including all years of ongoing operations); $980,720 will be appropriated in Fiscal Year 2023-24. The estimated spending plan by fiscal year is as follows:

608
FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 TOTAL Measure O
Annual
Report
Printing
$28,000.0
0 $28,000.0
0 $28,000.0
0 $28,000.0
0 $28,000.
00 $28,000.
00 $28,000.
00 $28,000.
00 $224,000.0
0 Radio
Infrastruct
ure
$279,000.
00 $372,219.
00 $150,750.
00 $150,751.
00 $- $- $- $- $952,720.0
0 $1,176,720
.00

This differs from the total presented to the Measure O Citizen Oversight Committee on January 25, 2024; the cumulative total amount presented to the committee was $1,204,720. This was a typo that accidently included one extra year of printing costs; $1,176,720 is the correct total amount for the two new projects combined.

Revenue collection ends for Measure O when the sales tax sunsets in November 2028. However, revenue will continue to be used until FY2031 for annual report printing. This is because annual reports rely on audited numbers; this means they are published roughly two years after the end of the fiscal year being reported on. The project will continue after the sales tax sunsets in 2028 until the final annual report is published in FY2031.

COMMITTEE OUTCOME

The Measure O Committee approved 8-0 on January 25, 2024, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Annie Jensen, Project Manager

ATTACHMENTS

1. Presentation

609
Approval of One New Ongoing Measure O
Project; One New Measure O One-Time
Project; and a Scope Expansion (without
Funding Change) to One Existing Measure
O Project

Presentation to the City Council
February 20, 2024
Presented by:

Annie Jensen, Project Manager
610
Recommendation
That the City Council:

1. Approve ongoing funding of $28,000 (annually) for Annual Report Printing;

2. Approve one-time funding of $952,720 for Radio Infrastructure;

3. Authorize a budget appropriation in FY 23-24 in the total amount of $980,720 for the projects in 1 and 2 above, from the Measure O (104) fund balance (as well as the corresponding Capital Outlay Fund 301) transfer in and appropriation related to the Radio Infrastructure project; and

4. Approve a scope expansion for the existing Safe Homes Safe Families Project
2 611
• Eight years of printing required by Measure O ordinance • Printing uses audited financials and runs roughly two years behind • $28,000 per year
• T otal: $224,000
Measure O Annual Report Printing 3
612
• There is a growing number of locations that are “dead spots” where the Police Department’s radio
communications are ineffective
• Primarily funded by ARPA
• Remaining balance of $952,720 needed from Measure O
to complete the upgrade
Radio Infrastructure 4
613
● Expand scope for funding and staff under Safe Homes Safe Families project to provide support for additional
specialized programs
● Change project title to “Safe Homes Safe Families and Specialized Program Support” to reflect scope expansion ● No additional funding needed for scope expansion
Safe Homes Safe Families 5
614
• These three requests total $1,176,720 (this includes all years of ongoing operations for the annual report printing)
• Projected ending fund balance for Measure O is $21.1 million on 6/30/24
T otal Requests 6
615

QUESTIONS
7 616

Oxnard City CouncilFebruary 20, 2024

Oxnard City Council
February 20, 2024